Sample records for industry litigation strategies

  1. Litigation in Argentina: challenging the tobacco industry.

    PubMed

    Flores, M L; Barnoya, J; Mejia, R; Alderete, E; Pérez-Stable, E J

    2006-04-01

    To evaluate the processes and outcomes of tobacco litigation in Argentina and to analyse the strategies of the tobacco industry to oppose litigation using tobacco industry documents. A systematic search of tobacco industry documents on the internet dating from 1978 to 2002. Law library searches using Argentinean official and unofficial reports systems were combined with computerised online searches. There have been at least 15 failed litigation cases in Argentina and the tobacco industry presented a concerted defence in every claim regardless of cost. We categorised 11 cases as product liability and nicotine addiction, two as health care reimbursement, and two as criminal law and secondhand smoke. Industry strategies included hiring legal consultants from prestigious international and Argentinean law firms and developing litigation prevention programmes. Industry monitored legal academic meetings, controlled the development of new product liability legislation, obtained favourable opinions from experts, and closely observed the development of litigation in Argentina. The strategies used by the industry have been successful in preventing recovery for tobacco injuries through litigation. Argentinean health advocates and lawyers need to be aware of the roles and strategies of the tobacco industry in order to develop effective litigation in Argentina.

  2. Litigation in Argentina: challenging the tobacco industry

    PubMed Central

    Flores, M L; Barnoya, J; Mejia, R; Alderete, E; Pérez‐Stable, E J

    2006-01-01

    Objective To evaluate the processes and outcomes of tobacco litigation in Argentina and to analyse the strategies of the tobacco industry to oppose litigation using tobacco industry documents. Methods A systematic search of tobacco industry documents on the internet dating from 1978 to 2002. Law library searches using Argentinean official and unofficial reports systems were combined with computerised online searches. Results There have been at least 15 failed litigation cases in Argentina and the tobacco industry presented a concerted defence in every claim regardless of cost. We categorised 11 cases as product liability and nicotine addiction, two as health care reimbursement, and two as criminal law and secondhand smoke. Industry strategies included hiring legal consultants from prestigious international and Argentinean law firms and developing litigation prevention programmes. Industry monitored legal academic meetings, controlled the development of new product liability legislation, obtained favourable opinions from experts, and closely observed the development of litigation in Argentina. Conclusion The strategies used by the industry have been successful in preventing recovery for tobacco injuries through litigation. Argentinean health advocates and lawyers need to be aware of the roles and strategies of the tobacco industry in order to develop effective litigation in Argentina. PMID:16565455

  3. Tobacco industry litigation position on addiction: continued dependence on past views

    PubMed Central

    Henningfield, Jack E; Rose, Christine A; Zeller, Mitch

    2006-01-01

    This paper reviews the tobacco industry's litigation strategy for addressing the addiction issue through trial testimony by its experts, and opening and closing statements by its lawyers. Despite the fact that several companies now claim to accept, in varying degrees, the conclusions of the Surgeon General concerning tobacco addiction, the tobacco industry litigation strategy pertaining to addiction is essentially unchanged since that of the early 1980s when the issue emerged as crucial. The industry uses its experts and the process of cross‐examination of plaintiff's experts to imply that the addictiveness of tobacco and nicotine are more comparable to substances such as caffeine, chocolate, and even milk, than to heroin, cocaine and alcohol. Furthermore, the tobacco industry contends that the definition of addiction has now become so broadened as to include carrots and caffeine and hence that any concurrence that smoking is addictive, does not imply that cigarettes are addictive to the standards that drugs such as heroin and cocaine are addictive. Finally, the industry has continuously asserted that tobacco users assumed the risks of tobacco since they understood that quitting could be difficult when they began to use, and moreover, that the main barrier to cessation is lack of desire or motivation to quit and not physical addiction. These positions have been maintained through the 2004–2005 US Government litigation that was ongoing as the time of this writing. PMID:17130621

  4. 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.

  5. Tobacco industry strategy to undermine tobacco control in Finland

    PubMed Central

    Hiilamo, H

    2003-01-01

    Objective: To identify and explain tobacco industry strategy in undermining tobacco control measures in Finland and results of these interferences in tobacco policy development during the 1980s and early 1990s. Methods: Tobacco industry documents, which have been publicly available on the internet as a result of litigation in the USA, were analysed. Documents were sought by Finland and by names of organisations and tobacco control activists. Documents were accessed and assessed between September 2000 and November 2002. Tactics of the tobacco industry activities were categorised as presented by Saloojee and Dagli. Results: The international tobacco companies utilised similar strategies in Finland as in other industrial markets to fight tobacco control and legislation, the health advocacy movement, and litigation. These activities slowed down the development and implementation of the Tobacco Act in Finland. However, despite the extensive pressure, the industry was not able to prevent the most progressive tobacco legislation in Europe from being passed and coming into force in Finland in 1977 and in 1995. Conclusion: Denying the health hazards caused by tobacco—despite indisputable scientific evidence—decreased the credibility of the tobacco industry. Strategy of denial was falsely chosen, as health advocacy groups were active both in society and the parliamentary system. The strong influence of the tobacco industry may have in fact increased the visibility of tobacco control in Finland as the litigation process was also drawing attention to negative health effects of tobacco. Therefore the tobacco industry did not manage to convince public opinion. However, the tobacco industry did obtain experience in Finland in how to object to tobacco control measures. PMID:14660780

  6. Tobacco industry use of judicial seminars to influence rulings in products liability litigation

    PubMed Central

    Friedman, L C

    2006-01-01

    Objectives This paper examines the tobacco industry's efforts to influence litigation by sponsoring judicial seminars. Methods Thousands of internal tobacco documents were examined, including memos, reports, presentations, and newsletters. Connections to outside organisations were corroborated by examining tobacco industry financial records, budgets, and letters pledging funds. Facts about outside organisations were triangulated through examining their websites and publicly‐filed financial records, and verifying facts through their representatives' statements in newspaper and law review articles. Results There are direct financial ties between the tobacco industry and groups that organise judicial seminars in an effort to influence jurisprudence, and judges who attend these seminars may be breaching judicial ethics either by not inquiring about the source of funding or by ignoring funding by potential litigants. Conclusions The tobacco industry's attempts to clandestinely influence judges' decisions in cases to which they are a party endangers the integrity of the judiciary. PMID:16565460

  7. Adequacy, Litigation, and Student Achievement

    ERIC Educational Resources Information Center

    Glenn, William

    2008-01-01

    The court system has been an increasingly important forum in the attempts to remedy the persistent achievement gaps in American education. In the past twenty years, school finance adequacy litigation has replaced desegregation as the most widely used legal strategy in these efforts. Despite the widespread use of adequacy litigation, few…

  8. Tobacco industry litigation to deter local public health ordinances: the industry usually loses in court

    PubMed Central

    Nixon, M; Mahmoud, L; Glantz, S

    2004-01-01

    Background: The tobacco industry uses claims of state preemption or violations of the US Constitution in litigation to overturn local tobacco control ordinances. Methods: Collection of lawsuits filed or threatened against local governments in the USA; review of previously secret tobacco industry documents; interviews with key informants. Results: The industry is most likely to prevail when a court holds that there is explicit preemption language by the state legislature to exclusively regulate tobacco. The industry has a much weaker record on claims of implied preemption and has lost all challenges brought under equal protection claims in the cases we located. Although the tobacco industry is willing to spend substantial amounts of money on these lawsuits, it never won on constitutional equal protection grounds and lost or dropped 60% (16/27) of the cases it brought claiming implied state preemption. Conclusions: Municipalities should continue to pass ordinances and be prepared to defend them against claims of implied preemption or on constitutional grounds. If the ordinance is properly prepared they will likely prevail. Health advocates should be prepared to assist in this process. PMID:14985600

  9. Minimizing medical litigation, Part 1.

    PubMed

    Harold, Tan Keng Boon

    2006-01-01

    The global rise in medical litigation has led to defensive medical practices and rising malpractice insurance premiums. There is a need to review all possible factors influencing litigiousness of the society and to develop strategies to control such factors. Some of the contributory causes of rising litigiousness include higher patients' expectations, poor provider-patient communication, and adversarial legalism of the society. A good combination of system, professional, and legislative strategies may keep medical litigation in check. Part 2 of this article will address the development of a dispute resolution framework.

  10. Litigation and alcohol policy: lessons from the US Tobacco Wars.

    PubMed

    Mosher, James F

    2009-02-01

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

  11. The role of public law-based litigation in tobacco companies’ strategies in high-income, FCTC ratifying countries, 2004–14

    PubMed Central

    Steele, Sarah L.; Gilmore, Anna B.; McKee, Martin; Stuckler, David

    2016-01-01

    Background Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses. Methods WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history. Results We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. Discussion We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles. PMID:26036703

  12. The role of public law-based litigation in tobacco companies' strategies in high-income, FCTC ratifying countries, 2004-14.

    PubMed

    Steele, Sarah L; Gilmore, Anna B; McKee, Martin; Stuckler, David

    2016-09-01

    Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses. WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history. We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles. © The Author 2015. Published by Oxford University Press on behalf of Faculty of Public Health.

  13. Economics on trial: the use and abuse of economic methods in third party tobacco litigation.

    PubMed

    Max, Wendy; Tsoukalas, Theo

    2006-12-01

    To analyse how the tobacco industry responded to economic models and methods used in third party payer tobacco litigation that has occurred since 1994. Identified 12 third party payer cases and reviewed the transcripts using WinMax qualitative software. Focused on defendant's opening and closing statements, followed by trial testimony, depositions, and plaintiff's transcripts. Tobacco industry defendants tried to create doubt and confusion about whether or not smoking caused disease and by extension led to health care costs; argued that the economic models used were not legitimate and were not appropriate for estimating the costs incurred by plaintiffs; and criticised the data sources used because they did not consist of the individuals whose health care costs were being sought. Faced with a new and unprecedented wave of anti-tobacco litigation from third party payers, the tobacco industry tried to adapt strategies that had been used successfully in the past-creation of unfounded doubt and confusion, and manipulation of the discovery process to force plaintiffs to withdraw or concede defeat. The strategies failed because credible economic models of the health care costs of smoking had been developed that were able to quantify the damages to a large group of health care recipients, because plaintiff's attorneys were able to commit significant resources and willing to undertake substantial financial risk to defend their new legal approaches, and because previous arguments related to individual responsibility were deemed irrelevant in third party litigation.

  14. A Guide to Public Engagement and School Finance Litigation

    ERIC Educational Resources Information Center

    Public Education Network, 2005

    2005-01-01

    This guide was developed to encourage community organizations to employ public engagement strategies in the context of school finance litigation taking place in their states. While litigation may at times seem daunting and complex to non-lawyers, there is much that community-based organizations concerned with education reform can do to become…

  15. 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

  16. Tobacco industry use of personal responsibility rhetoric in public relations and litigation: disguising freedom to blame as freedom of choice.

    PubMed

    Friedman, Lissy C; Cheyne, Andrew; Givelber, Daniel; Gottlieb, Mark A; Daynard, Richard A

    2015-02-01

    We examined the tobacco industry's rhetoric to frame personal responsibility arguments. The industry rarely uses the phrase "personal responsibility" explicitly, but rather "freedom of choice." When freedom of choice is used in the context of litigation, the industry means that those who choose to smoke are solely to blame for their injuries. When used in the industry's public relations messages, it grounds its meaning in the concept of liberty and the right to smoke. The courtroom "blame rhetoric" has influenced the industry's larger public relations message to shift responsibility away from the tobacco companies and onto their customers. Understanding the rhetoric and framing that the industry employs is essential to combating this tactic, and we apply this comprehension to other industries that act as disease vectors.

  17. Tobacco Industry Use of Personal Responsibility Rhetoric in Public Relations and Litigation: Disguising Freedom to Blame as Freedom of Choice

    PubMed Central

    Cheyne, Andrew; Givelber, Daniel; Gottlieb, Mark A.; Daynard, Richard A.

    2015-01-01

    We examined the tobacco industry’s rhetoric to frame personal responsibility arguments. The industry rarely uses the phrase “personal responsibility” explicitly, but rather “freedom of choice.” When freedom of choice is used in the context of litigation, the industry means that those who choose to smoke are solely to blame for their injuries. When used in the industry’s public relations messages, it grounds its meaning in the concept of liberty and the right to smoke. The courtroom “blame rhetoric” has influenced the industry’s larger public relations message to shift responsibility away from the tobacco companies and onto their customers. Understanding the rhetoric and framing that the industry employs is essential to combating this tactic, and we apply this comprehension to other industries that act as disease vectors. PMID:25521876

  18. 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

  19. Vexatious Litigants and the ADA: Strategies to Fairly Address the Need to Improve Access for Individuals with Disabilities.

    PubMed

    Hull, Helia Garrido

    2016-01-01

    This Article addresses the need to reform the ADA to prevent vexatious litigation and to promote the underlying goals of the Act. Part I of this Article introduces the topic of vexatious litigation and the importance of remedying the effects of exploitation of the ADA. Part II provides an overview of the ADA and its efforts to increase accessibility to individuals with disabilities, emphasizing the provisions of the Act that create incentives to engage in vexatious litigation. Part III examines and analyzes the judiciary's response to vexatious litigation under the ADA, and sanctions that have been issued to limit exploitation. Finally, Part IV provides recommendations to reform the ADA and state disability law counterparts, suggests corrective actions to address vexatious litigation, and identifies methods to promote equality for individuals with disabilities.

  20. The role of tobacco advertising and promotion: themes employed in litigation by tobacco industry witnesses.

    PubMed

    Goldberg, Marvin E; Davis, Ronald M; O'Keefe, Anne Marie

    2006-12-01

    To identify key themes related to tobacco advertising and promotion in testimony provided by tobacco industry-affiliated witnesses in tobacco litigation, and to present countervailing evidence and arguments. Themes in industry testimony were identified by review of transcripts of testimony in the Tobacco Deposition and Trial Testimony Archive (http://tobaccodocuments.org/datta) from a sample of defence witnesses, including three academic expert witnesses, six senior executives of tobacco companies, and one industry advertising consultant. Counterarguments to the themes embodied in defence testimony were based on information from peer-reviewed literature, advertising trade publications, government reports, tobacco industry documents, and testimony provided by expert witnesses testifying for plaintiffs. Five major themes employed by defence witnesses were identified: (1) tobacco advertising has a relatively weak "share of voice" in the marketing environment and is a weak force in affecting smoking behaviour; (2) tobacco advertising and promotion do not create new smokers, expand markets, or increase total tobacco consumption; (3) the tobacco industry does not target, study, or track youth smoking; (4) tobacco advertising and promotion do not cause smoking initiation by youth; and (5) tobacco companies and the industry adhere closely to relevant laws, regulations, and industry voluntary codes. Substantial evidence exists in rebuttal to these arguments. Tobacco industry-affiliated witnesses have marshalled many arguments to deny the adverse effects of tobacco marketing activities and to portray tobacco companies as responsible corporate citizens. Effective rebuttals to these arguments exist, and plaintiffs' attorneys have, with varying degrees of success, presented them to judges and juries.

  1. The Impact of Brown on Mexican American Desegregation Litigation, 1950s to 1980s

    ERIC Educational Resources Information Center

    San Miguel, Guadalupe Jr.

    2005-01-01

    The Brown v. Board of Education (1954, 1955) decision of the 1950s had no appreciable impact on ongoing Mexican American desegregation litigation during the 1st decade of its implementation. In the long run, however, it led to a shift in the community's litigation strategy for achieving equality of opportunity in the United States and for…

  2. The role of tobacco advertising and promotion: themes employed in litigation by tobacco industry witnesses

    PubMed Central

    Goldberg, Marvin E; Davis, Ronald M; O'Keefe, Anne Marie

    2006-01-01

    Objectives To identify key themes related to tobacco advertising and promotion in testimony provided by tobacco industry‐affiliated witnesses in tobacco litigation, and to present countervailing evidence and arguments. Methods Themes in industry testimony were identified by review of transcripts of testimony in the Tobacco Deposition and Trial Testimony Archive (http://tobaccodocuments.org/datta) from a sample of defence witnesses, including three academic expert witnesses, six senior executives of tobacco companies, and one industry advertising consultant. Counterarguments to the themes embodied in defence testimony were based on information from peer‐reviewed literature, advertising trade publications, government reports, tobacco industry documents, and testimony provided by expert witnesses testifying for plaintiffs. Results Five major themes employed by defence witnesses were identified: (1) tobacco advertising has a relatively weak “share of voice” in the marketing environment and is a weak force in affecting smoking behaviour; (2) tobacco advertising and promotion do not create new smokers, expand markets, or increase total tobacco consumption; (3) the tobacco industry does not target, study, or track youth smoking; (4) tobacco advertising and promotion do not cause smoking initiation by youth; and (5) tobacco companies and the industry adhere closely to relevant laws, regulations, and industry voluntary codes. Substantial evidence exists in rebuttal to these arguments. Conclusions Tobacco industry‐affiliated witnesses have marshalled many arguments to deny the adverse effects of tobacco marketing activities and to portray tobacco companies as responsible corporate citizens. Effective rebuttals to these arguments exist, and plaintiffs' attorneys have, with varying degrees of success, presented them to judges and juries. PMID:17130625

  3. The Court versus Consent Decrees? Schools, "Horne v. Flores" and Judicial Strategies of Institutional Reform Litigation

    ERIC Educational Resources Information Center

    Chilton, Bradley; Chwialkowski, Paul

    2014-01-01

    Is the U.S. Supreme Court inviting litigants to take aim at unraveling injunctions in institutional reform litigation--especially consent decrees in the schools? In "Horne v. Flores" (2009), the court remanded a 17-year-old school reform case to a federal judge with orders to look beyond consent decrees on financing, reducing class…

  4. 32 CFR 516.23 - Litigation reports.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Litigation reports. 516.23 Section 516.23 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Reporting Legal Proceedings to HQDA § 516.23 Litigation reports. The SJA or...

  5. 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.

  6. Advancing rights for women: the role of litigation.

    PubMed

    Cabal, Luisa

    2006-12-01

    Litigation is becoming an increasingly attractive advocacy tool for human rights movements around the world. It has served as an effective strategy not only for reforming or enforcing laws that deny or protect basic human rights, but also for raising awareness of and mobilizing support for human rights issues. In this article, which is based on a presentation at a symposium session at the conference, Luisa Cabal focuses on a specific area within the realm of women's health and rights--the rights of HIV-positive women and girls, and in particular, violations they experience vis-à-vis access to health care--and discusses the potential for litigation to help raise awareness and advance efforts to protect and promote human rights in this area.

  7. Mitigating Litigation for Adventure Recreation Operators: The Ski Safety Act

    ERIC Educational Resources Information Center

    Brgoch, Shea; Lower, Leeann M.

    2017-01-01

    Adventure tourism is a rapidly growing segment of the tourism industry, which can be regarded as specific activities that are alluring for their uncertain and potentially dangerous outcomes. Risk-taking attitudes and behaviors may be common among adventure recreationists and increase the potential for litigation against recreation operators. In…

  8. Avoid costly litigation: ten steps to implementing lawful hiring practices.

    PubMed

    Holmes, Judith H

    2004-01-01

    A malpractice claim or suit can have a devastating effect on a physician's practice and personal life. What is often overlooked is that an employment-related suit or EEOC charge also can extract a heavy toll, personally, professionally, and financially. The number of employment-related suits and claims has risen dramatically in the last few years. According to recent enforcement and litigation statistics released by the U.S. Equal Employment Opportunity Commission (EEOC) (1), the total discrimination charges filed by individuals against their employers increased last year to 80,840--the highest level since the mid-1990's. According to the EEOC data, in 2001, employers paid $248 million in connection with charges of discrimination filed with the EEOC by job applicants, employees, and former employees. Employers paid an additional $47 million to the EEOC in connection with lawsuits filed against employers by the EEOC (2). This does not include the millions of dollars employers were forced to pay in settlements, judgments, costs, and attorney's fees incurred in connection with employment-related lawsuits filed in state and federal courts during the same period of time. Employment-related litigation is on the rise, and the healthcare industry is not immune. Physicians as employers can be a target for a wide range of employment-related claims and suits, such as breach of contract, invasion of privacy, sex, race, age, religious and age discrimination, and negligent hiring, just to name a few. The number of jury verdicts rendered against employers is increasing and the verdict awards are often staggering. In addition, defending these suits can be as expensive as defending a complicated malpractice suit. Even worse, employment discrimination suits and charges are generally not covered by malpractice, D & O, or general liability insurance policies, leaving the physician to cope with the financial burden of judgments, settlements, attorney's fees and litigation costs. Most

  9. Nursing Home Litigation and Tort Reform: A Case for Exceptionalism

    ERIC Educational Resources Information Center

    Studdert, David M.; Stevenson, David G.

    2004-01-01

    The medical malpractice crisis that is currently spreading across the United States bears many similarities to earlier crises. One novel aspect of the current crisis is the explicit inclusion of litigation against nursing homes as a target of reform. Encouraged by the nursing home industry, policymakers are considering the extension of…

  10. Minimizing medical litigation, part 2.

    PubMed

    Harold, Tan Keng Boon

    2006-01-01

    Provider-patient disputes are inevitable in the healthcare sector. Healthcare providers and regulators should recognize this and plan opportunities to enforce alternative dispute resolution (ADR) a early as possible in the care delivery process. Negotiation is often the main dispute resolution method used by local healthcare providers, failing which litigation would usually follow. The role of mediation in resolving malpractice disputes has been minimal. Healthcare providers, administrators, and regulators should therefore look toward a post-event communication-cum-mediation framework as the key national strategy to resolving malpractice disputes.

  11. Litigation-generated science: why should we care?

    PubMed

    Boden, Leslie I; Ozonoff, David

    2008-01-01

    In a 1994 Ninth Circuit decision on the remand of Daubert v. Merrell Dow Pharmaceuticals, Inc., Judge Alex Kosinski wrote that science done for the purpose of litigation should be subject to more stringent standards of admissibility than other science. We analyze this proposition by considering litigation-generated science as a subset of science involving conflict of interest. Judge Kosinski's formulation suggests there may be reasons to treat science involving conflict of interest differently but raises questions about whether litigation-generated science should be singled out. In particular we discuss the similar problems raised by strategically motivated science done in anticipation of possible future litigation or otherwise designed to benefit the sponsor and ask what special treatment, if any, should be given to science undertaken to support existing or potential future litigation. The problems with litigation-generated science are not special. On the contrary, they are very general and apply to much or most science that is relevant and reliable in the courtroom setting.

  12. Litigations and the Obstetrician in Clinical Practice

    PubMed Central

    Adinma, JIB

    2016-01-01

    The expectation of obstetrics is a perfect outcome. Obstetrics malpractice can cause morbidity and mortality that may engender litigation. Globally, increasing trend to litigation in obstetrics practice has resulted in high indemnity cost to the obstetrician with consequent frustration and overall danger to the future of obstetrics practice. The objective was to review litigations and the Obstetrician in Clinical Practice, highlighting medical ethics, federation of gynecology and obstetrics (FIGO’s) ethical responsibility guideline on women's sexual and reproductive health and right; examine the relationship between medical ethics and medical laws; X-ray medical negligence and litigable obstetrics malpractices; and make recommendation towards the improvement of obstetrics practices to avert misconduct that would lead to litigation. Review involves a literature search on the internet in relevant journals, textbooks, and monographs. Knowledge and application of medical ethics are important to the obstetricians to avert medical negligence that will lead to litigation. A medical negligence can occur in any of the three triads of medicare viz: Diagnosis, advice/counseling, and treatment. Lawsuits in obstetrics generally center on errors of omission or commission especially in relation to the failure to perform caesarean section or to perform the operation early enough. Fear of litigation, high indemnity cost, and long working hours are among the main reasons given by obstetricians for ceasing obstetrics practice. Increasing global trend in litigation with high indemnity cost to the obstetrician is likely to jeopardize the future of obstetrics care especially in countries without medical insurance coverage for health practitioners. Litigation in obstetrics can be prevented through the Obstetrician's mindfulness of its possibility; acquainting themselves of the medical laws and guidelines related to their practice; ensuring adequate communication with, and consent of

  13. Cerebral Palsy Litigation

    PubMed Central

    Sartwelle, Thomas P.

    2015-01-01

    The cardinal driver of cerebral palsy litigation is electronic fetal monitoring, which has continued unabated for 40 years. Electronic fetal monitoring, however, is based on 19th-century childbirth myths, a virtually nonexistent scientific foundation, and has a false positive rate exceeding 99%. It has not affected the incidence of cerebral palsy. Electronic fetal monitoring has, however, increased the cesarian section rate, with the expected increase in mortality and morbidity risks to mothers and babies alike. This article explains why electronic fetal monitoring remains endorsed as efficacious in the worlds’ labor rooms and courtrooms despite being such a feeble medical modality. It also reviews the reasons professional organizations have failed to condemn the use of electronic fetal monitoring in courtrooms. The failures of tort reform, special cerebral palsy courts, and damage limits to stem the escalating litigation are discussed. Finally, the authors propose using a currently available evidence rule—the Daubert doctrine that excludes “junk science” from the courtroom—as the beginning of the end to cerebral palsy litigation and electronic fetal monitoring’s 40-year masquerade as science. PMID:25183322

  14. Litigation-Generated Science: Why Should We Care?

    PubMed Central

    Boden, Leslie I.; Ozonoff, David

    2008-01-01

    Background In a 1994 Ninth Circuit decision on the remand of Daubert v. Merrell Dow Pharmaceuticals, Inc., Judge Alex Kosinski wrote that science done for the purpose of litigation should be subject to more stringent standards of admissibility than other science. Objectives We analyze this proposition by considering litigation-generated science as a subset of science involving conflict of interest. Discussion Judge Kosinski's formulation suggests there may be reasons to treat science involving conflict of interest differently but raises questions about whether litigation-generated science should be singled out. In particular we discuss the similar problems raised by strategically motivated science done in anticipation of possible future litigation or otherwise designed to benefit the sponsor and ask what special treatment, if any, should be given to science undertaken to support existing or potential future litigation. Conclusion The problems with litigation-generated science are not special. On the contrary, they are very general and apply to much or most science that is relevant and reliable in the courtroom setting. PMID:18197310

  15. The litigation cost of negligent scaphoid fracture management.

    PubMed

    Harrison, William; Newton, Ashley W; Cheung, Graham

    2015-04-01

    The aims of the study were to quantify the litigation cost of scaphoid mismanagement, identify the main reasons why patients sought compensation and hence provide suggestions for reducing litigation. Data were obtained from the National Health Service Litigation Authority. All orthopaedic-related litigation between 1995 and 2010 in the UK was reviewed. Litigation specifically against mismanagement of scaphoid fractures were identified and grouped according to the plaintiff's complaint. Exclusions were all unsettled claims. There were 85 closed cases of scaphoid fracture mismanagement over 15 years. Reasons for litigation were as follows: seven failures in interpreting radiographs, 57 missed fractures, four fractures not immobilized, nine discharged too early, five delayed operations and three inappropriate surgeries. The mean cost was &OV0556;41 680 per case (range &OV0556;0-&OV0556;206 789), and a cumulative cost of &OV0556;3 542 855. The majority of litigation may relate to a lack of follow-up and may demonstrate a failure of protocol-driven reassessment. Secondary surveys following major trauma are also highly relevant.

  16. Tobacco industry strategies for influencing European Community tobacco advertising legislation.

    PubMed

    Neuman, Mark; Bitton, Asaf; Glantz, Stanton

    2002-04-13

    Restrictions on tobacco company advertising and sponsorship are effective parts of tobacco control programmes worldwide. Through Council Directive 98/43/EC, the European Community (EC) sought to end all tobacco advertising and sponsorship in EC member states by 2006. Initially proposed in 1989, the directive was adopted in 1998, and was annulled by the European Court of Justice in 2000 following a protracted lobbying campaign against the directive by a number of interested organisations including European tobacco companies. A new advertising directive was proposed in May, 2001. We reviewed online collections of tobacco industry documents from US tobacco companies made public under the US Master Settlement Agreement of 1998. Documents reviewed dated from 1978 to 1994 and came from Philip Morris, R J Reynolds, and Brown and Williamson (British American Tobacco) collections. We also obtained approximately 15,000 pages of paper records related to British American Tobacco from its documents' depository in Guildford, UK. This information was supplemented with information in the published literature and consultations with European tobacco control experts. The tobacco industry lobbied against Directive 98/43/EC at the level of EC member state governments as well as on a pan-European level. The industry sought to prevent passage of the directive within the EC legislature, to substitute industry-authored proposals in place of the original directive, and if necessary to use litigation to prevent implementation of the directive after its passage. The tobacco industry sought to delay, and eventually defeat, the EC directive on tobacco advertising and sponsorship by seeking to enlist the aid of figures at the highest levels of European politics while at times attempting to conceal the industry's role. An understanding of these proposed strategies can help European health advocates to pass and implement effective future tobacco control legislation.

  17. Guest authorship and ghostwriting in publications related to rofecoxib: a case study of industry documents from rofecoxib litigation.

    PubMed

    Ross, Joseph S; Hill, Kevin P; Egilman, David S; Krumholz, Harlan M

    2008-04-16

    Authorship in biomedical publication provides recognition and establishes accountability and responsibility. Recent litigation related to rofecoxib provided a unique opportunity to examine guest authorship and ghostwriting, practices that have been suspected in biomedical publication but for which there is little documentation. To characterize different types and the extent of guest authorship and ghostwriting in 1 case study. Court documents originally obtained during litigation related to rofecoxib against Merck & Co Inc. Documents were created predominantly between 1996 and 2004. In addition, publicly available articles related to rofecoxib identified via MEDLINE. All documents were reviewed by one author, with selected review by coauthors, using an iterative process of review, discussion, and rereview of documents to identify information related to guest authorship or ghostwriting. Approximately 250 documents were relevant to our review. For the publication of clinical trials, documents were found describing Merck employees working either independently or in collaboration with medical publishing companies to prepare manuscripts and subsequently recruiting external, academically affiliated investigators to be authors. Recruited authors were frequently placed in the first and second positions of the authorship list. For the publication of scientific review papers, documents were found describing Merck marketing employees developing plans for manuscripts, contracting with medical publishing companies to ghostwrite manuscripts, and recruiting external, academically affiliated investigators to be authors. Recruited authors were commonly the sole author on the manuscript and offered honoraria for their participation. Among 96 relevant published articles, we found that 92% (22 of 24) of clinical trial articles published a disclosure of Merck's financial support, but only 50% (36 of 72) of review articles published either a disclosure of Merck sponsorship or a

  18. Litigation as TB Rights Advocacy

    PubMed Central

    2016-01-01

    Abstract One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies. PMID:27781000

  19. 32 CFR 516.21 - Litigation against government contractors.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Litigation against government contractors. 516.21 Section 516.21 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Reporting Legal Proceedings to HQDA § 516.21 Litigation against...

  20. 32 CFR 516.18 - Litigation alleging individual liability.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Litigation alleging individual liability. 516.18 Section 516.18 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Reporting Legal Proceedings to HQDA § 516.18 Litigation alleging...

  1. 32 CFR 516.18 - Litigation alleging individual liability.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 3 2011-07-01 2009-07-01 true Litigation alleging individual liability. 516.18 Section 516.18 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Reporting Legal Proceedings to HQDA § 516.18 Litigation alleging...

  2. Conflicts of Interest in Scientific Research Related to Regulation or Litigation

    PubMed Central

    Resnik, David B.

    2009-01-01

    This article examines conflicts of interest in the context of scientific research related to regulation or litigation. The article defines conflicts of interest, considers how conflicts of interest can impact research, and discusses different strategies for dealing with conflicts of interest. While it is not realistic to expect that scientific research related to regulation or litigation will ever be free from conflicts of interest, society should consider taking some practical steps to minimize the impact of these conflicts, such as requiring full disclosure of information required for independent evaluation of research, prohibiting financial relationships between regulatory agencies and the companies they regulate, and banning payments to expert witnesses for specific research results, testimony or legal outcomes. PMID:19554198

  3. 6 CFR 25.7 - Litigation management.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 6 Domestic Security 1 2011-01-01 2011-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

  4. 6 CFR 25.7 - Litigation management.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 6 Domestic Security 1 2012-01-01 2012-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

  5. 6 CFR 25.7 - Litigation management.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 6 Domestic Security 1 2014-01-01 2014-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

  6. 6 CFR 25.7 - Litigation management.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

  7. 34 CFR 674.46 - Litigation procedures.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 34 Education 3 2010-07-01 2010-07-01 false Litigation procedures. 674.46 Section 674.46 Education Regulations of the Offices of the Department of Education (Continued) OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION FEDERAL PERKINS LOAN PROGRAM Due Diligence § 674.46 Litigation procedures. (a)(1) If...

  8. Panel--lawyers' perspectives on strategic litigation.

    PubMed

    Eby, David; Olson, Derek; Shime, Jonathan; Sigurdson, Elin

    2011-10-01

    This article contains summaries of the four presentations made during this panel. David Eby provides a framework for questions every organization should consider before deciding to proceed with litigation. Derek Olson discusses the criminal law of aggravated sexual assault as related to the strategic litigation in R v. Mabior. Jonathan Shime stresses the need for players in the legal sector to educate themselves better on the science surrounding HIV. Finally, Elin Sigurdson outlines the legal arguments advanced in SWUAV, British Columbia's parallel litigation to Ontario's Bedford case, challenging the constitutional validity of provisions of the Criminal Code that endanger the lives of sex workers.

  9. 49 CFR 1103.31 - Responsibility for litigation.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Responsibility for litigation. 1103.31 Section 1103.31 Transportation Other Regulations Relating to Transportation (Continued) SURFACE TRANSPORTATION... Duties and Responsibilities Regarding Witnesses, Other Litigants and the Public § 1103.31 Responsibility...

  10. Malpractice litigation and nursing home quality of care.

    PubMed

    Konetzka, R Tamara; Park, Jeongyoung; Ellis, Robert; Abbo, Elmer

    2013-12-01

    To assess the potential deterrent effect of nursing home litigation threat on nursing home quality. We use a panel dataset of litigation claims and Nursing Home Online Survey Certification and Reporting (OSCAR) data from 1995 to 2005 in six states: Florida, Illinois, Wisconsin, New Jersey, Missouri, and Delaware, for a total of 2,245 facilities. Claims data are from Westlaw's Adverse Filings database, a proprietary legal database, on all malpractice, negligence, and personal injury/wrongful death claims filed against nursing facilities. A lagged 2-year moving average of the county-level number of malpractice claims is used to represent the threat of litigation. We use facility fixed-effects models to examine the relationship between the threat of litigation and nursing home quality. We find significant increases in registered nurse-to-total staffing ratios in response to rising malpractice threat, and a reduction in pressure sores among highly staffed facilities. However, the magnitude of the deterrence effect is small. Deterrence in response to the threat of malpractice litigation is unlikely to lead to widespread improvements in nursing home quality. This should be weighed against other benefits and costs of litigation to assess the net benefit of tort reform. © Health Research and Educational Trust.

  11. Malpractice Litigation and Nursing Home Quality of Care

    PubMed Central

    Konetzka, R Tamara; Park, Jeongyoung; Ellis, Robert; Abbo, Elmer

    2013-01-01

    Objective. To assess the potential deterrent effect of nursing home litigation threat on nursing home quality. Data Sources/Study Setting. We use a panel dataset of litigation claims and Nursing Home Online Survey Certification and Reporting (OSCAR) data from 1995 to 2005 in six states: Florida, Illinois, Wisconsin, New Jersey, Missouri, and Delaware, for a total of 2,245 facilities. Claims data are from Westlaw's Adverse Filings database, a proprietary legal database, on all malpractice, negligence, and personal injury/wrongful death claims filed against nursing facilities. Study Design. A lagged 2-year moving average of the county-level number of malpractice claims is used to represent the threat of litigation. We use facility fixed-effects models to examine the relationship between the threat of litigation and nursing home quality. Principal Findings. We find significant increases in registered nurse-to-total staffing ratios in response to rising malpractice threat, and a reduction in pressure sores among highly staffed facilities. However, the magnitude of the deterrence effect is small. Conclusions. Deterrence in response to the threat of malpractice litigation is unlikely to lead to widespread improvements in nursing home quality. This should be weighed against other benefits and costs of litigation to assess the net benefit of tort reform. PMID:23741985

  12. Teacher Fear of Litigation for Disciplinary Actions

    ERIC Educational Resources Information Center

    Holben, Diane M.; Zirkel, Perry A.; Caskie, Grace I. L.

    2009-01-01

    The present study determined the extent to which teachers' fear of litigation limits their disciplinary actions, including any significant differences by period, demographic factors, and item type. Teachers' perceptions of limitations placed on their disciplinary actions do not substantiate the "paralyzing fear" of litigation that…

  13. Competitive strategies in fashion industries: Portuguese footwear industry

    NASA Astrophysics Data System (ADS)

    Marques, A. D.; Guedes, G.; Ferreira, F.

    2017-10-01

    Portugal is an important player in the European fashion industry. The Portuguese footwear industry, “low-tech” and traditional industry, dominated by SMEs and located in two main clusters, is a success case in the Portuguese economy. After a long period of decline until 2009, the footwear companies prepared new strategies that made big changes in the image and performance achieved. Since 2009, exports have increased more than 55% and the Portuguese footwear has grown in almost all the most important foreign markets. The competitive strategies followed by the Portuguese footwear companies are different and they can be clearly identified according Porter’s three generic competitive strategies: cost leadership, differentiation and focus strategy. This paper had analysed seven Portuguese footwear companies (seven cases, case study strategy) and the results obtained shows how important is to have the right approach to the markets, according the internal and external resources that each firm has available. The footwear clusters in Portugal and the sectorial organizations are also very important in this competitive performance achieved by the companies. Last years the Portuguese governments recognize this increasing importance of the fashion industries and prepared several programs to promote these industries in Europe and other continents.

  14. The use of Food and Drug Administration 510(k) notifications in patent litigation.

    PubMed

    Tolomeo, Deborah E

    2004-01-01

    The U.S. Food and Drug Administration (FDA) 510(k) approval process provides medical device companies with the ability to market a device after the company establishes that the device to the marketed is "substantially equivalent" to one or more predicate devices. Companies that submit 510(k) notifications should be aware, however, that a 510(k) notification is a public document that may later reappear as evidence in patent litigation. Courts have considered 510(k) notifications to be relevant evidence in determining direct and contributory infringement, patent invalidity, and patent unenforceability due to inequitable conduct before the U.S. Patent and Trademark Office (USPTO). In one case, the court held that a substantial equivalence determination by FDA constituted evidence that can be "construed as an admission of infringement." The court also has relied on a 510(k) notification to support a finding of personal liability for a corporate officer who signed the 510(k) notification to be evidence of willful and deliberate conduct, and have awarded treble damages and reasonable attorney's fees to the prevailing party. The potential for increased risk in patent litigation is important for practitioners in the medical device industry, because more than seventy-five percent of medical devices are approved for marketing through the 510(k) process. This article reviews a number of patent cases in which a court has admitted a 510(k) notification as relevant evidence, and proposes general strategies for avoiding these situations.

  15. 28 CFR 0.48 - International trade litigation.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

  16. 28 CFR 0.48 - International trade litigation.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 1 2011-07-01 2011-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

  17. 28 CFR 0.48 - International trade litigation.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 1 2012-07-01 2012-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

  18. 28 CFR 0.48 - International trade litigation.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 1 2014-07-01 2014-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

  19. 28 CFR 0.48 - International trade litigation.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 1 2013-07-01 2013-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

  20. Maximizing profit and endangering health: corporate strategies to avoid litigation and regulation.

    PubMed

    Bohme, Susanna Rankin; Zorabedian, John; Egilman, David S

    2005-01-01

    Corporations and industries use various tactics to obscure the fact that their products are dangerous or deadly. Their aim is to secure the least restrictive possible regulatory environment and avert legal liability for deaths or injuries in order to maximize profit. They work with attorneys and public relations professionals, using scientists, science advisory boards; front groups, industry organizations, think tanks, and the media to influence scientific and popular opinion of the risks of their products or processes. The strategy, which depends on corrupt science, profits corporations at the expense of public health. Public health professionals can learn from this strategy how to effectively build scientific and public opinion that prioritizes both good science and the public health.

  1. 32 CFR 516.65 - Litigation reports in civil recovery cases.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 3 2014-07-01 2014-07-01 false Litigation reports in civil recovery cases. 516... CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.65 Litigation reports in civil recovery cases. (a) All substantiated PFI cases will be evaluated by PFAs to...

  2. 32 CFR 516.65 - Litigation reports in civil recovery cases.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 3 2013-07-01 2013-07-01 false Litigation reports in civil recovery cases. 516... CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.65 Litigation reports in civil recovery cases. (a) All substantiated PFI cases will be evaluated by PFAs to...

  3. 32 CFR 516.65 - Litigation reports in civil recovery cases.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 3 2012-07-01 2009-07-01 true Litigation reports in civil recovery cases. 516... CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.65 Litigation reports in civil recovery cases. (a) All substantiated PFI cases will be evaluated by PFAs to...

  4. Records of medical malpractice litigation: a potential indicator of health-care quality in China

    PubMed Central

    Wang, Zhan; Jiang, Mengsi; Dear, Keith; Hsieh, Chee-Ruey

    2017-01-01

    Abstract Objective To assess the characteristics and incidence of medical litigation in China and the potential usefulness of the records of such litigation as an indicator of health-care quality. Methods We investigated 13 620 cases of medical malpractice litigation that ended between 2010 and 2015 and were reported to China’s Supreme Court. We categorized each case according to location of the court, the year the litigation ended, the medical specialization involved, the severity of the reported injury, the type of allegation raised by the plaintiff – including any alleged shortcomings in the health care received – and the outcome of the litigation. Findings The annual incidence of medical malpractice litigation increased from 75 in 2010 to 6947 in 2014. Most cases related to general surgery (1350 litigations), internal medicine (3500 litigations), obstetrics and gynaecology (1251 litigations) and orthopaedics (1283 litigations). Most of the reported injuries were either minor (1358 injuries) or fatal (4111 deaths). The most frequent allegation was of lack of consent or notification (1356 litigations), followed by misdiagnosis (1172 litigations), delay in treatment (1145 litigations) and alteration or forgery of medical records (975 litigations). Of the 11 014 plaintiffs with known litigation outcomes, 7482 (67.9%) received monetary compensation. Conclusion Over our study period, the incidence of litigation over potential medical malpractice increased in China. As many of the cases related to alleged inadequacies in the quality of health care, records of medical malpractice litigation in China may be worth exploring as an indicator of health-care quality. PMID:28603309

  5. The Expert Witness in Medical Malpractice Litigation

    PubMed Central

    2008-01-01

    Physicians may find serving as an expert witness to be interesting, intellectually stimulating, and financially beneficial. However, potential expert witnesses should be aware of the increased legal scrutiny being applied to expert witness testimony in medical malpractice litigation. In the past, expert witnesses received absolute immunity from civil litigation regarding their testimony. This is no longer the case. Expert witnesses may be subject to disciplinary sanctions from professional organizations and state medical boards. In addition, emerging case law is defining the legal duty owed by the expert witness to the litigating parties. Orthopaedic surgeons who serve as expert witnesses should be familiar with the relevant Standards of Professionalism issued by the American Academy of Orthopaedic Surgeons. PMID:19052827

  6. Tobacco industry efforts to undermine policy-relevant research.

    PubMed

    Landman, Anne; Glantz, Stanton A

    2009-01-01

    The tobacco industry, working through third parties to prevent policy-relevant research that adversely affected it between 1988 and 1998, used coordinated, well-funded strategies in repeated attempts to silence tobacco researcher Stanton A. Glantz. Tactics included advertising, litigation, and attempts to have the US Congress cut off the researcher's National Cancer Institute funding. Efforts like these can influence the policymaking process by silencing opposing voices and discouraging other scientists from doing work that may expose them to tobacco industry attacks. The support of highly credible public health organizations and of researchers' employers is crucial to the continued advancement of public health.

  7. 48 CFR 3442.7002 - Litigation and claims clause.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Litigation and claims clause. 3442.7002 Section 3442.7002 Federal Acquisition Regulations System DEPARTMENT OF EDUCATION ACQUISITION REGULATION CONTRACT MANAGEMENT CONTRACT ADMINISTRATION Contract Monitoring 3442.7002 Litigation...

  8. 32 CFR 516.21 - Litigation against government contractors.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 3 2014-07-01 2014-07-01 false Litigation against government contractors. 516... Litigation against government contractors. (a) General. A contract might require that the government... the underlying contract with the government requires reimbursement for adverse judgments or costs of...

  9. 40 CFR 66.6 - Effect of litigation; time limits.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... (CONTINUED) ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA Purpose and Scope § 66.6 Effect of litigation; time limits. (a) The existence of any litigation on the validity of these regulations shall not...

  10. 32 CFR 516.21 - Litigation against government contractors.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 3 2012-07-01 2009-07-01 true Litigation against government contractors. 516.21... government contractors. (a) General. A contract might require that the government reimburse a contractor (or... with the government requires reimbursement for adverse judgments or costs of the litigation, the SJA or...

  11. Litigation in nontraumatic aortic diseases--a tempest in the malpractice maelstrom.

    PubMed

    Elefteriades, John A; Barrett, Peter W; Kopf, Gary S

    2008-01-01

    Physicians are vulnerable to highly litigated thoracic aortic diseases. On the basis of a review of litigated cases, we aim to determine legally protective strategies for physicians and methods to improve treatment. Thirty-three nontraumatic, thoracic aorta-related legal cases were analyzed. Twenty-three patients (69.7%) had dissections (21 ascending, 2 descending), 8 (24.2%) had aneurysms and 2 had miscellaneous other phenomena (1 coarctation and 1 iatrogenic descending aortic rupture). The adverse event was death in 30 (90.9%) patients and paraplegia or stroke in 3 (9.1%). Allegations included: failure/delay in diagnosis (19), delay in surgery (4), error in surgical technique (5), failure to prevent paraplegia (2) and miscellaneous (3). Medical treatment was retrospectively judged suboptimal in 22 cases (66.6%) for reasons consonant with allegations. Aortic disease can be diagnostically elusive, as 'the great masquerader'. Emergency physicians must maintain a high index of suspicion for aneurysm and dissection. The D-dimer test can effectively rule out aortic dissection. 'Triple rule-out' CT scans should be performed liberally. CT scan readers must remember to evaluate the aorta. Operating room administrators must be aware that postponing a scheduled thoracic aortic case may result in interim rupture and consequent litigation. With virulent thoracic aortic diseases, adverse outcome itself does not imply substandard care. 2007 S. Karger AG, Basel

  12. 32 CFR 516.55 - Witnesses for a State or private litigant.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 32 National Defense 3 2013-07-01 2013-07-01 false Witnesses for a State or private litigant. 516... CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Release of Information and Appearance of Witnesses Scope Status, Travel, and Expenses of Witnesses § 516.55 Witnesses for a State or private litigant. (a...

  13. 32 CFR 516.55 - Witnesses for a State or private litigant.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 32 National Defense 3 2014-07-01 2014-07-01 false Witnesses for a State or private litigant. 516... CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Release of Information and Appearance of Witnesses Scope Status, Travel, and Expenses of Witnesses § 516.55 Witnesses for a State or private litigant. (a...

  14. 11 CFR 111.53 - Litigation by the Commission.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 11 Federal Elections 1 2013-01-01 2012-01-01 true Litigation by the Commission. 111.53 Section 111.53 Federal Elections FEDERAL ELECTION COMMISSION GENERAL COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a)) Collection of Debts Arising From Enforcement and Administration of Campaign Finance Laws § 111.53 Litigation...

  15. School Finance Litigation across the States: An Update.

    ERIC Educational Resources Information Center

    Verstegen, D. A., Ed.

    This report is an update on eight state-level cases: (1) "School Financier Litigation in Minnesota" (Van D. Mueller), which states students are allowed enhanced access to suburban schools and to Minneapolis magnet schools; (2) "School Finance Litigation across the States--New Hampshire" (Van D. Mueller), which states the court ruled that property…

  16. 32 CFR 516.55 - Witnesses for a State or private litigant.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 3 2011-07-01 2009-07-01 true Witnesses for a State or private litigant. 516.55... AUTHORITIES AND PUBLIC RELATIONS LITIGATION Release of Information and Appearance of Witnesses Scope Status, Travel, and Expenses of Witnesses § 516.55 Witnesses for a State or private litigant. (a) Status of...

  17. 32 CFR 516.55 - Witnesses for a State or private litigant.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 3 2012-07-01 2009-07-01 true Witnesses for a State or private litigant. 516.55... AUTHORITIES AND PUBLIC RELATIONS LITIGATION Release of Information and Appearance of Witnesses Scope Status, Travel, and Expenses of Witnesses § 516.55 Witnesses for a State or private litigant. (a) Status of...

  18. Tobacco Industry Efforts to Undermine Policy-Relevant Research

    PubMed Central

    Landman, Anne

    2009-01-01

    The tobacco industry, working through third parties to prevent policy-relevant research that adversely affected it between 1988 and 1998, used coordinated, well-funded strategies in repeated attempts to silence tobacco researcher Stanton A. Glantz. Tactics included advertising, litigation, and attempts to have the US Congress cut off the researcher's National Cancer Institute funding. Efforts like these can influence the policymaking process by silencing opposing voices and discouraging other scientists from doing work that may expose them to tobacco industry attacks. The support of highly credible public health organizations and of researchers’ employers is crucial to the continued advancement of public health. PMID:19008508

  19. Do fears of malpractice litigation influence teaching behaviors?

    PubMed

    Reed, Darcy A; Windish, Donna M; Levine, Rachel B; Kravet, Steven J; Wolfe, Leah; Wright, Scott M

    2008-01-01

    Medical malpractice is prominently positioned in the consciousness of American physicians, and the perceived threat of malpractice litigation may push physicians to practice defensively and alter their teaching behaviors. The purposes of this study were to characterize the attitudes of academic medical faculty toward malpractice litigation and to identify teaching behaviors associated with fear of malpractice litigation. We surveyed 270 full-time clinically active physicians in the Department of Medicine at a large academic medical center. The survey assessed physicians' attitudes toward malpractice issues, fear of malpractice litigation, and self-reported teaching behaviors associated with concerns about litigation. Two hundred and fifteen physicians responded (80%). Faculty scored an average of 25.5 +/- 6.9 (range = 6-42, higher scores indicate greater fear) on a reliable malpractice fear scale. Younger age (Spearman's rho = 0.19, p = .02) and greater time spent in clinical activities (rho = 0.26, p < .001) were correlated with higher scores on the Malpractice Fear Scale. Faculty reported that because of the perceived prevalence of lawsuits and claims made against physicians, they spend more time writing clinical notes for patients seen by learners (74%), give learners less autonomy in patient care (44%), and limit opportunities for learners to perform clinical procedures (32%) and deliver bad news to patients (33%). Faculty with higher levels of fear on the Malpractice Fear Scale were more likely to report changing their teaching behaviors because of this perceived threat (rho = 0.38, p < .001). Physicians report changes in teaching behaviors because of concerns about malpractice litigation. Although concerns about malpractice may promote increased supervision and positive role modeling, they may also limit important educational opportunities for learners. These results may serve to heighten awareness to the fact that teaching behaviors and decisions may be

  20. 45 CFR 30.34 - Claims Collection Litigation Report.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 45 Public Welfare 1 2013-10-01 2013-10-01 false Claims Collection Litigation Report. 30.34 Section 30.34 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION CLAIMS COLLECTION Referrals to the Department of Justice § 30.34 Claims Collection Litigation Report. (a)(1) Unless excepted by Justice, the Secretary will complete...

  1. Litigation trends and costs in otorhinolaryngology.

    PubMed

    Metcalfe, C W; Muzaffar, S J; Coulson, C J

    2015-10-01

    Litigation in surgery is increasing and liabilities are becoming unsustainable. This study aimed to analyse trends in claims, and identify areas for potential risk reduction, improved patient safety and a reduction in the number, and cost, of future claims. Ten years of retrospective data on claims in otorhinolaryngology (2003-2013) were obtained from the National Health Service Litigation Authority via a Freedom of Information request. Data were re-entered into a spreadsheet and coded for analysis. A total of 1031 claims were identified; of these, 604 were successful and 427 were unsuccessful. Successful claims cost a total of £41 000 000 (mean, £68 000). The most common areas for successful claims were: failure or delay in diagnosis (137 cases), intra-operative problems (116 cases), failure or delay in treatment (66 cases), failure to warn - informed consent issue (54 cases), and inappropriate treatment (47 cases). Over half of the claims in ENT relate to the five most common areas of liability. Recent policy changes by the National Health Service Litigation Authority, over the level of information divulged, limits our learning from claims.

  2. 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…

  3. 44 CFR 5.8 - Records involved in litigation or other judicial process.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... litigation or other judicial process. 5.8 Section 5.8 Emergency Management and Assistance FEDERAL EMERGENCY... Provisions § 5.8 Records involved in litigation or other judicial process. Where there is reason to believe that any records requested may be involved in litigation or other judicial process in which the United...

  4. 32 CFR 537.11 - Litigation.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... initiate litigation at least six months before the expiration of the statute of limitations (SOL), the RJA or recovery attorney may contact USARCS telephonically if SOL problems necessitate quick action on a...

  5. 32 CFR 516.35 - Preparation of claims for litigation.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... AUTHORITIES AND PUBLIC RELATIONS LITIGATION Legal Proceedings Initiated by the United States Medical Care and... applicable state law. (See Fed. R. Civ. P. 11) (2) Copies of all medical records and bills reflecting the... for litigation should briefly summarize the facts giving rise to the claim and the collection actions...

  6. The effect of threat of litigation on forensic pathologist diagnostic decision making.

    PubMed

    Oliver, William Russell

    2011-12-01

    Recent litigation involving medical examiners has caused concern over certifying deaths. We administered a survey of 716 medical examiners regarding the effects of the threat of litigation. Two hundred twenty-two medical examiners responded (31%). Of those who responded, approximately 13.5% admitted to having modified their diagnostic findings due to threat of litigation, and approximately 32.5% stated these considerations would affect their decisions in the future. Physicians who indicated they had or would modify their diagnoses expressed more concern over the possibility of litigation. Chiefs of services were less likely than staff members to indicate changing diagnoses. Practitioners whose jurisdictions included rural areas were significantly more likely to indicate that litigation considerations would affect their diagnoses in the future, although this was not true with those who had already modified their diagnoses. No correlation was found with elected versus appointed positions, accreditation status, sex, race, geographic location, or board certification. Although very few medical examiners have actually been sued because of their diagnoses, a demonstrated threat of litigation has a substantial effect on diagnostic decision making.

  7. News media reporting on civil litigation and its influence on civil justice decision making.

    PubMed

    Robbennolt, Jennifer K; Studebaker, Christina A

    2003-02-01

    The news media have the potential to act as a powerful influence on the civil litigation system, influencing decision making in particular cases and on the system more generally as media reports influence the decision making of various participants in the system. This paper reviews the research that has examined the relationship between news media reporting and civil litigation and proposes a framework that integrates this work and provides guidance for future research efforts. Specifically, we discuss the nature of media reporting on civil litigation, perceptions of the civil litigation system held by the public and legal actors, and the potential influence of news reporting about civil litigation on the decision making of jurors, judges, civil litigants, and policymakers. Overall, the research suggests that news reporting of civil litigation presents a systematically distorted picture of civil litigation and that this reporting can influence perceptions and outcomes of civil litigation in various ways. However, there are many gaps in the existing research that need to be filled. The proposed organizational scheme helps to identify ways that future research can provide links between the findings of existing research and to identify ways in which this research can be extended to new areas.

  8. The expert witness in medical malpractice litigation: through the looking glass.

    PubMed

    Johnston, James C; Sartwelle, Thomas P

    2013-04-01

    Neurologists have professional, ethical, and social obligations to ensure that expert witness testimony is reliable, objective, and truthful. In the past, an absence of professional regulatory oversight combined with immunity from civil litigation allowed the partisan expert to flourish. This is no longer the case. The expert witness unquestionably faces an increasingly perilous liability climate, and must be cognizant of the legal rules and procedures. The authors provide guidelines with risk management strategies for the neurologist serving as an expert witness.

  9. Combating weight-based bullying in schools: is there public support for the use of litigation?

    PubMed

    Puhl, Rebecca; Luedicke, Joerg; King, Kelly M

    2015-06-01

    Bullying litigation is an emerging area of law that has increased in response to serious cases of bullying at school. Weight-based bullying is prevalent at school, but no research has examined the use of litigation to address this problem. We assessed public support for litigation approaches to address weight-based bullying at school, and whether support for litigation varies according to the reason why a student is bullied. A national sample of 994 adults (49% parents) completed an online questionnaire assessing their support for litigation approaches in response to hypothetical incidents of youth bullying. As many as two thirds of participants supported litigation against schools for failing to intervene and protect students from weight-based bullying. Litigation remedies received slightly higher support in response to bullying due to race or sexual orientation compared to body weight. Participants favored litigation approaches that target schools for inadequate intervention or a bully's parents on behalf of their child's actions. Our study offers novel findings about public and parental views of litigation as a potential approach to address weight-based (and other forms of) bullying, and introduces considerations about the potential role of litigation as part of broader remedies to address youth bullying. © 2015, American School Health Association.

  10. 32 CFR 516.55 - Witnesses for a State or private litigant.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... state or local proceedings for a party other than the United States, including cases involving domestic violence or child abuse, will be referred to Litigation Division. Litigation Division may authorize travel...

  11. Settlement Documents: Anadarko Fraudulent Conveyance Litigation

    EPA Pesticide Factsheets

    Settlement agreement to resolve adversary proceedings related to the fraudulent conveyance litigation with Kerr-McGee and Anadarko Petroleum Corporation associated with the Tronox bankruptcy proceedings

  12. Why Litigation-Driven History Matters: Lessons Learned from the Secret History of TCE.

    PubMed

    Zahniser, Keith A

    2015-02-01

    Litigation drives extensive historical research but often allows only select observers to see the results. Historians have conducted untold studies for litigation that become "secret histories" because these histories are not published. An example is the historical use and regulation of the chemical trichloroethylene (TCE), a hazardous chemical at issue in much environmental litigation, but a topic virtually absent in the secondary literature. This practice seems to contravene accepted standards of open scholarship. Although not directly aligned with the traditional academic model of historical practice, however, historical research and writing for litigation achieve legitimate and important results without abandoning the discipline's professional standards. History done by consultants for litigation is neither a history of compromised standards nor as "secret" as feared.

  13. Analysis of closed medical litigation in urology

    PubMed Central

    Shin, Su Hwan; Kim, So Yoon; Jang, Seung Gyeong

    2017-01-01

    Purpose The objective of this study was to provide a descriptive understanding of the characteristics of malpractice litigation related to urology by examining court cases. Materials and Methods A total of 6,074 court cases related to medical malpractice litigation filed between 2005 and 2010 were received from the Lower Courts, the Appellate Courts, and the Supreme Court of Korea. Of the received cases, 34 urology-related civil proceedings were analyzed. The following information was compiled and investigated from the cases: background, age and sex of patient, categorization of the defendant, opinion of the court, amount claimed and awarded in damages, type of medical treatment involved, and negative effects resulting from the medical accident. Results The average amount in damages paid out to plaintiffs in this research was 27,186,504±32,371,008 Korean won (KRW) (range, 1,000,000–100,000,000 KRW). A total of 9 of the 34 analyzed cases (26.5%) ruled in favor of the plaintiff, with all 9 cases involving a surgery. An analysis of the surgery sites further revealed that the penis was the most frequently litigated over site of surgery, making up 14 of the 35 sites (40.0%). Conclusions Information regarding urology malpractice lawsuits should be made available to help prevent further disputes and litigation. Continuous efforts must be expended in the prevention of accidents and disputes, alongside research into urology-related cases beyond 2010. Extensive cause analysis and recurrence prevention methods must also be researched to enhance overall patient safety. PMID:28868502

  14. Representation and Re-Presentation in Litigation Science

    PubMed Central

    Jasanoff, Sheila

    2008-01-01

    Federal appellate courts have devised several criteria to help judges distinguish between reliable and unreliable scientific evidence. The best known are the U.S. Supreme Court’s criteria offered in 1993 in Daubert v. Merrell Dow Pharmaceuticals, Inc. This article focuses on another criterion, offered by the Ninth Circuit Court of Appeals, that instructs judges to assign lower credibility to “litigation science” than to science generated before litigation. In this article I argue that the criterion-based approach to judicial screening of scientific evidence is deeply flawed. That approach buys into the faulty premise that there are external criteria, lying outside the legal process, by which judges can distinguish between good and bad science. It erroneously assumes that judges can ascertain the appropriate criteria and objectively apply them to challenged evidence before litigation unfolds, and before methodological disputes are sorted out during that process. Judicial screening does not take into account the dynamics of litigation itself, including gaming by the parties and framing by judges, as constitutive factors in the production and representation of knowledge. What is admitted through judicial screening, in other words, is not precisely what a jury would see anyway. Courts are sites of repeated re-representations of scientific knowledge. In sum, the screening approach fails to take account of the wealth of existing scholarship on the production and validation of scientific facts. An unreflective application of that approach thus puts courts at risk of relying upon a “junk science” of the nature of scientific knowledge. PMID:18197311

  15. Representation and re-presentation in litigation science.

    PubMed

    Jasanoff, Sheila

    2008-01-01

    Federal appellate courts have devised several criteria to help judges distinguish between reliable and unreliable scientific evidence. The best known are the U.S. Supreme Court's criteria offered in 1993 in Daubert v. Merrell Dow Pharmaceuticals, Inc. This article focuses on another criterion, offered by the Ninth Circuit Court of Appeals, that instructs judges to assign lower credibility to "litigation science" than to science generated before litigation. In this article I argue that the criterion-based approach to judicial screening of scientific evidence is deeply flawed. That approach buys into the faulty premise that there are external criteria, lying outside the legal process, by which judges can distinguish between good and bad science. It erroneously assumes that judges can ascertain the appropriate criteria and objectively apply them to challenged evidence before litigation unfolds, and before methodological disputes are sorted out during that process. Judicial screening does not take into account the dynamics of litigation itself, including gaming by the parties and framing by judges, as constitutive factors in the production and representation of knowledge. What is admitted through judicial screening, in other words, is not precisely what a jury would see anyway. Courts are sites of repeated re-representations of scientific knowledge. In sum, the screening approach fails to take account of the wealth of existing scholarship on the production and validation of scientific facts. An unreflective application of that approach thus puts courts at risk of relying upon a "junk science" of the nature of scientific knowledge.

  16. 32 CFR 516.65 - Litigation reports in civil recovery cases.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Litigation reports in civil recovery cases. 516.65 Section 516.65 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.65...

  17. 32 CFR 516.65 - Litigation reports in civil recovery cases.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 3 2011-07-01 2009-07-01 true Litigation reports in civil recovery cases. 516.65 Section 516.65 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.65...

  18. Analysis of Factors Associated With Rhytidectomy Malpractice Litigation Cases.

    PubMed

    Kandinov, Aron; Mutchnick, Sean; Nangia, Vaibhuv; Svider, Peter F; Zuliani, Giancarlo F; Shkoukani, Mahdi A; Carron, Michael A

    2017-07-01

    This study investigates the financial burden of medical malpractice litigation associated with rhytidectomies, as well as factors that contribute to litigation and poor defendant outcomes, which can help guide physician practices. To comprehensively evaluate rhytidectomy malpractice litigation. Jury verdict and settlement reports related to rhytidectomy malpractice litigations were obtained using the Westlaw Next database. Use of medical malpractice in conjunction with several terms for rhytidectomy, to account for the various procedure names associated with the procedure, yielded 155 court cases. Duplicate and nonrelevant cases were removed, and 89 cases were included in the analysis and reviewed for outcomes, defendant specialty, payments, and other allegations raised in proceedings. Data were collected from November 21, 2015, to December 25, 2015. Data analysis took place from December 25, 2015, to January 20, 2016. A total of 89 cases met our inclusion criteria. Most plaintiffs were female (81 of 88 with known sex [92%]), and patient age ranged from 40 to 76 years (median age, 56 years). Fifty-three (60%) were resolved in the defendant's favor, while the remaining 36 cases (40%) were resolved with either a settlement or a plaintiff verdict payment. The mean payment was $1.4 million. A greater proportion of cases involving plastic surgeon defendants were resolved with payment compared with cases involving defendants with ear, nose, and throat specialty (15 [36%] vs 4 [24%]). The most common allegations raised in litigation were intraoperative negligence (61 [69%]), poor cosmesis or disfigurement (57 [64%]), inadequate informed consent (30 [34%]), additional procedures required (14 [16%]), postoperative negligence (12 [14%]), and facial nerve injury (10 [11%]). Six cases (7%) involved alleged negligence surrounding a "lifestyle-lift" procedure, which tightens or oversews the superficial muscular aponeurosis system layer. In this study, although most cases of

  19. 32 CFR Appendix F to Part 323 - Litigation Status Sheet

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 2 2010-07-01 2010-07-01 false Litigation Status Sheet F Appendix F to Part 323 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DEFENSE LOGISTICS AGENCY PRIVACY PROGRAM Pt. 323, App. F Appendix F to Part 323—Litigation Status...

  20. 32 CFR Appendix F to Part 323 - Litigation Status Sheet

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 32 National Defense 2 2012-07-01 2012-07-01 false Litigation Status Sheet F Appendix F to Part 323 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DEFENSE LOGISTICS AGENCY PRIVACY PROGRAM Pt. 323, App. F Appendix F to Part 323—Litigation Status...

  1. 32 CFR Appendix F to Part 323 - Litigation Status Sheet

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 2 2011-07-01 2011-07-01 false Litigation Status Sheet F Appendix F to Part 323 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DEFENSE LOGISTICS AGENCY PRIVACY PROGRAM Pt. 323, App. F Appendix F to Part 323—Litigation Status...

  2. 48 CFR 252.204-7015 - Disclosure of Information to Litigation Support Contractors.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... Information to Litigation Support Contractors (FEB 2014) (a) Definitions. As used in this clause: Litigation..., financial, proprietary, or privileged nature. The term includes technical data and computer software, but...

  3. 34 CFR 674.46 - Litigation procedures.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ..., DEPARTMENT OF EDUCATION FEDERAL PERKINS LOAN PROGRAM Due Diligence § 674.46 Litigation procedures. (a)(1) If... the borrower's Federal Perkins, NDSL and National Defense Student Loans held by that institution, is...

  4. 32 CFR Appendix E to Part 505 - Litigation Status Sheet

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Litigation Status Sheet E Appendix E to Part 505 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS ARMY PRIVACY ACT PROGRAM Pt. 505, App. E Appendix E to Part 505—Litigation Status Sheet...

  5. 32 CFR Appendix E to Part 505 - Litigation Status Sheet

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 3 2011-07-01 2009-07-01 true Litigation Status Sheet E Appendix E to Part 505 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS ARMY PRIVACY ACT PROGRAM Pt. 505, App. E Appendix E to Part 505—Litigation Status Sheet...

  6. 32 CFR Appendix H to Part 310 - Litigation Status Sheet

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 2 2010-07-01 2010-07-01 false Litigation Status Sheet H Appendix H to Part 310 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DOD PRIVACY PROGRAM Pt. 310, App. H Appendix H to Part 310—Litigation Status Sheet (See § 310.49...

  7. Litigation as TB Rights Advocacy: A New Delhi Case Study.

    PubMed

    McBroom, Kerry

    2016-06-01

    One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies.

  8. 28 CFR 57.1 - Responsibility for the conduct of litigation.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... DISCRIMINATION IN THE SUPPLY OF PETROLEUM TO THE ARMED FORCES § 57.1 Responsibility for the conduct of litigation. (a) In accord with 28 CFR 0.45(h), civil litigation under sec. 816 of the Department of Defense... supervision of the Assistant Attorney General in charge of the Civil Division. (b) In accord with 28 CFR 0.55...

  9. 28 CFR 57.1 - Responsibility for the conduct of litigation.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... DISCRIMINATION IN THE SUPPLY OF PETROLEUM TO THE ARMED FORCES § 57.1 Responsibility for the conduct of litigation. (a) In accord with 28 CFR 0.45(h), civil litigation under sec. 816 of the Department of Defense... supervision of the Assistant Attorney General in charge of the Civil Division. (b) In accord with 28 CFR 0.55...

  10. Preventing Playground Injuries and Litigation.

    ERIC Educational Resources Information Center

    Frost, Joe L.

    1994-01-01

    The typical American playground is antiquated, hazardous, and inappropriate for the developmental needs of children. The paper explains how design, installation, maintenance, and supervision are critical in preventing playground injuries and resulting litigation, noting the importance of regular training for everyone who supervises children on the…

  11. Academic Advising and Potential Litigation.

    ERIC Educational Resources Information Center

    Schubert, Arline F.; Schubert, George W.

    1983-01-01

    Issues in tort and contract law and recent experiences in litigation that influence the academic adviser's responsibility are outlined, including negligence, nondisclosure and misrepresentation, defamation, written and oral contracts, and the adviser as an agent of the institution. Specific areas of adviser vulnerability are noted. (MSE)

  12. 49 CFR 1103.25 - Treatment of witnesses, litigants and other counsel.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Treatment of witnesses, litigants and other counsel. 1103.25 Section 1103.25 Transportation Other Regulations Relating to Transportation (Continued... § 1103.25 Treatment of witnesses, litigants and other counsel. (a) A practitioner shall always treat...

  13. Incidence and predictors of neck and widespread pain after motor vehicle collision among US litigants and nonlitigants.

    PubMed

    McLean, Samuel A; Ulirsch, Jacob C; Slade, Gary D; Soward, April C; Swor, Robert A; Peak, David A; Jones, Jeffrey S; Rathlev, Niels K; Lee, David C; Domeier, Robert M; Hendry, Phyllis L; Bortsov, Andrey V; Bair, Eric

    2014-02-01

    Debate continues regarding the influence of litigation on pain outcomes after motor vehicle collision (MVC). In this study we enrolled European Americans presenting to the emergency department (ED) in the hours after MVC (n=948). Six weeks later, participants were interviewed regarding pain symptoms and asked about their participation in MVC-related litigation. The incidence and predictors of neck pain and widespread pain 6weeks after MVC were compared among those engaged in litigation (litigants) and those not engaged in litigation (nonlitigants). Among the 859 of 948 (91%) participants completing 6-week follow-up, 711 of 849 (83%) were nonlitigants. Compared to nonlitigants, litigants were less educated and had more severe neck pain and overall pain, and a greater extent of pain at the time of ED evaluation. Among individuals not engaged in litigation, persistent pain 6weeks after MVC was common: 199 of 711 (28%) had moderate or severe neck pain, 92 of 711 (13%) had widespread pain, and 29 of 711 (4%) had fibromyalgia-like symptoms. Incidence of all 3 outcomes was significantly higher among litigants. Initial pain severity in the ED predicted pain outcomes among both litigants and nonlitigants. Markers of socioeconomic disadvantage predicted worse pain outcomes in litigants but not nonlitigants, and individual pain and psychological symptoms were less predictive of pain outcomes among those engaged in litigation. These data demonstrate that persistent pain after MVC is common among those not engaged in litigation, and provide evidence for bidirectional influences between pain outcomes and litigation after MVC. Copyright © 2013 International Association for the Study of Pain. Published by Elsevier B.V. All rights reserved.

  14. Cerebral palsy litigation: change course or abandon ship.

    PubMed

    Sartwelle, Thomas P; Johnston, James C

    2015-06-01

    The cardinal driver of cerebral palsy litigation is electronic fetal monitoring, which has continued unabated for 40 years. Electronic fetal monitoring, however, is based on 19th-century childbirth myths, a virtually nonexistent scientific foundation, and has a false positive rate exceeding 99%. It has not affected the incidence of cerebral palsy. Electronic fetal monitoring has, however, increased the cesarian section rate, with the expected increase in mortality and morbidity risks to mothers and babies alike. This article explains why electronic fetal monitoring remains endorsed as efficacious in the worlds' labor rooms and courtrooms despite being such a feeble medical modality. It also reviews the reasons professional organizations have failed to condemn the use of electronic fetal monitoring in courtrooms. The failures of tort reform, special cerebral palsy courts, and damage limits to stem the escalating litigation are discussed. Finally, the authors propose using a currently available evidence rule-the Daubert doctrine that excludes "junk science" from the courtroom-as the beginning of the end to cerebral palsy litigation and electronic fetal monitoring's 40-year masquerade as science. © The Author(s) 2014.

  15. Anti-tobacco control industry strategies in Turkey.

    PubMed

    Keklik, Seda; Gultekin-Karakas, Derya

    2018-02-26

    Transnational tobacco companies (TTCs) penetrated the Turkish cigarette market due to trade and investment liberalization in the post-1980 period and eventually secured full control. Despite tobacco control policies put in place in reaction to accelerating consumption, TTCs reinforced their market power through a variety of strategies. This paper explores industry strategies that counteract tobacco control policies in Turkey. The study employs both qualitative and quantitative analyses to explore industry strategies in Turkey. Besides the content analyses of industry and market reports, descriptive analyses were conducted for the sub-periods of 1999-2015. The analyses focus on the market strategies of product innovation, advertisement-promotion, cost management and pricing. Rising sales of low tar, ultra-low tar, slim, super-slim and flavoured cigarettes indicate that product innovation served to sustain consumption. Besides, the tobacco industry, using its strong distribution channels, the Internet, and CSR projects, were found to have promoted smoking indirectly. The industry also rationalized manufacturing facilities and reduced the cost of tobacco, making Turkey a cigarette-manufacturing base. Tobacco manufacturers, moreover, offered cigarettes in different price segments and adjusted net prices both up and down according to price categories and market conditions. In response to the successful effect of shifts in price margins, the market share of mid-priced cigarettes expanded while those within the economy category maintained the highest market share. As a result of pricing strategies, net sales revenues increased. Aside from official cigarette sales, the upward trends in the registered and unregistered sales of cigarette substitutes indicate that the demand-side tobacco control efforts remain inadequate. The Turkish case reveals that the resilience of the tobacco industry vis-à-vis mainstream tobacco control efforts necessitates a new policy perspective

  16. An Analysis of Malpractice Litigation and Expert Witnesses in Plastic Surgery

    PubMed Central

    Therattil, Paul J.; Chung, Stella; Sood, Aditya; Granick, Mark S.

    2017-01-01

    Objective: Expert witness testimony is crucial for juror decision making. The goals of this study were to examine the trends in malpractice litigation in plastic surgery and to examine the characteristics of expert witnesses in litigation. Methods: The Westlaw legal database was queried for jury verdict and settlement reports related to plastic surgery cases from 2009 to 2015. Cases were examined for expert witness testimony, procedure performed, alleged injury, cause of action, verdict, and indemnity payments. Results: Ninety-three relevant cases were examined. Mean plaintiff award was $1,036,469, whereas mean settlement was $633,960. The most commonly litigated procedures involved breast surgery (34.4%), liposuction (18.3%), and body contouring (14.0%). Cases involving body contouring (risk ratio [RR] = 1.48; 95% CI, 1.04-2.10) were more likely to result in favor of the defendant, whereas cases involving breast surgery (RR = 0.27; 95% CI, 0.13-0.57) were more likely to result in favor of the plaintiff (P < .05). Cases in which there was claimed pain (RR = 1.22; 95% CI, 1.01-1.48) or emotional distress (RR = 1.38; 95% CI, 1.11-1.70) were more likely to result in favor of the plaintiff (P < .05). The party of a lawsuit was more likely to win the case if its expert witness was a plastic surgeon (P < .05). Conclusion: Plastic surgery litigation tends to favor defendants. Most litigation involves breast surgery, liposuction, and body contouring. The type of procedure and alleged claim affect case success. Parties with a plastic surgeon as an expert witness tend to be more successful in litigation. PMID:29062461

  17. Equipment Standards: History, Litigation, and Advice

    PubMed Central

    Hedley-Whyte, John; Milamed, Debra R.

    1999-01-01

    Summary The authors present a concise history of the development of national and international standards for surgical equipment. Standards-writing organizations, surgical and other specialty societies, universities, test houses, and the U.S. government have influenced this process, which is now manifested in complex interactions between national and international standards-writing organizations, and in CE (Conformité Europeene) marks being placed on surgical equipment in the United States and elsewhere. The history of litigation in standards development is also reviewed. Recommendations to maximize patient safety and to help ensure successful, cost-effective defense in litigation for surgeons who use equipment and may suffer its malfunctions are given. Overall, the complicated oversight of surgical equipment standards and the approval process appears to be contributing to the improving and outstanding results of U.S. surgery reported by the U.S. government. PMID:10400045

  18. Three Decades of School-Funding Litigation: Has It Been Worthwhile and When Will It End?

    ERIC Educational Resources Information Center

    Dayton, John

    2002-01-01

    Reviews state school-funding litigation since the California Supreme Court's 1971 decision in "Serrano v. Priest." Assesses the impact and evolution of state funding litigation; discusses the subsequent erosion of local control; describes potential future funding litigation involving rural schools, local sales taxes, and urban schools.…

  19. 46 CFR 326.7 - Litigation.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... INSURANCE UNDER AGREEMENTS WITH AGENTS § 326.7 Litigation. (a) If a court suit of a P&I nature is filed... insurance, the Agent shall immediately forward copies of the pleading and all other related legal documents... claim of a P&I nature, unless approved in advance by MARAD, and by the underwriter, where applicable...

  20. For the Welfare of Children: Lessons Learned from Class Action Litigation

    ERIC Educational Resources Information Center

    Meltzer, Judith, Ed.; Joseph, Rachel Molly, Ed.; Shookhoff, Andy, Ed.

    2012-01-01

    This series of papers brings together distinguished experts writing on the use of class action litigation to reform public child welfare systems. It is an effort to tease out of four decades of experience in this work, the factors that increase the likelihood that litigation will result in successful system reform. This publication is an outgrowth…

  1. Conservative litigation against sexual and reproductive health policies in Argentina.

    PubMed

    Peñas Defago, María Angélica; Morán Faúndes, José Manuel

    2014-11-01

    In Argentina, campaigns for the recognition of sexual and reproductive rights have sparked opposition through litigation in which the dynamics of legal action have come from self-proclaimed "pro-life" NGOs, particularly since 1998, when the conservative NGO Portal de Belén successfully achieved the banning of emergency contraception through the courts. The activities of these groups, acting as a "civil arm" of religion, are focused primarily on obstructing access to legally permissible abortions and bringing about the withdrawal of a number of recognized public policies on sexual and reproductive health, particularly the 2002 National Programme for Sexual Health and Responsible Procreation. This paper analyzes the litigation strategies of these conservative NGOs and how their use of the courts in Argentina has changed over the years. It gives examples of efforts in local courts to block individual young women from accessing legal abortion following rape, despite a ruling by the National Supreme Court of Justice in 2012 that no judicial permission is required. In spite of major advances, the renewed influence of the Catholic hierarchy in the Argentine political scene with the accession of the new Pope poses challenges to the work by feminists and women's movements to extend and consolidate sexual and reproductive rights. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  2. 49 CFR 1103.26 - Discussion of pending litigation in the public press.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Discussion of pending litigation in the public press. 1103.26 Section 1103.26 Transportation Other Regulations Relating to Transportation (Continued... § 1103.26 Discussion of pending litigation in the public press. Attempts to influence the action and...

  3. Generics, Supergenerics and Patent Strategies--SMi's 13th Annual Meeting.

    PubMed

    Edwards, Catherine

    2010-07-01

    SMi's 13th Annual Meeting on Generics, Supergenerics and Patent Strategies, held in London, included topics covering new trends in the generics field, the difficulties faced by companies in entering the generics market and recent developments in IP. This conference report highlights selected presentations on generics in India, protecting pharmaceutical products in China, changes in generics law and litigation in the US and Europe, challenges for market selection and entry for generics companies, the influence of changes in the healthcare market on the generics industry, supergenerics, and biosimilars.

  4. [Litigation in obstetrics and gynaecology: experience of a university hospital in France].

    PubMed

    Shojai, R; Bretelle, F; D'Ercole, C; Boubli, L; Piercecchi, M-D

    2013-02-01

    To analyse the nature of medico-legal claims in a high-risk speciality. Retrospective review of the causes of medico-legal disputes at the department of Obstetrics and Gynaecology of the North University Hospital of Marseilles between November 1997 and December 2010. Disputes were defined by complaints, judicial or conciliatory claims and intentional declaration of potential medico-legal case by physicians. Fifty-nine controversial medico-legal cases were identified within this 13-year period. Ninety percent (n=53) of cases concerned obstetrics and 10% (n=6) gynaecology. The rate of litigations tripled in a decade. Half of the litigations led to judicial or conciliatory expertise. The average rate of malpractice litigations was 2.4 per physician. Uterine rupture was the most common cause of complaints. Increased awareness of the nature of litigations may help elaborate risk reduction management programs in order to reduce professional liability on the long run. Copyright © 2012 Elsevier Masson SAS. All rights reserved.

  5. Combating Weight-Based Bullying in Schools: Is There Public Support for the Use of Litigation?

    ERIC Educational Resources Information Center

    Puhl, Rebecca; Luedicke, Joerg; King, Kelly M.

    2015-01-01

    Background: Bullying litigation is an emerging area of law that has increased in response to serious cases of bullying at school. Weight-based bullying is prevalent at school, but no research has examined the use of litigation to address this problem. We assessed public support for litigation approaches to address weight-based bullying at school,…

  6. An overview of Medicaid managed care litigation.

    PubMed

    Rosenbaum, S; Teitelbaum, J; Kirby, C; Priebe, L; Klement, T

    1998-11-01

    Since the enactment of Medicaid in 1965, states have had the option of offering beneficiaries enrollment in managed care arrangements. With the advent of mandatory managed care reaching millions of beneficiaries (including a growing proportion of disabled recipients), the amount and scope of litigation involving Medicaid managed care plans can be expected to grow. A review of the current litigation regarding Medicaid managed care reveals two basic types of lawsuits: (1) those that challenge the practices of managed care companies under various federal and state laws that safeguard consumer rights, protect health care quality, and prohibit discrimination; and (2) suits that assert claims arising directly under the Medicaid statute and implementing regulations, as well as claims related to Constitutional safeguards that undergird the program. Lawsuits asserting claims arising under Medicaid tend to raise two basic questions: (1) the extent to which enrollment in a Medicaid managed care plan alters existing Medicaid beneficiary rights and state agency duties under federal or state Medicaid law; and (2) the extent to which managed care companies, as agents of the state, act under "color of law" (i.e., undertaking to perform official duties or acting with the imprimatur of state authority). Additionally, states might see an increase in litigation brought by prospective and current contractors who assert that they have been wrongfully denied contracts or improperly penalized for poor performance. These assertions may involve claims that are grounded in federal and state law, the Medicaid statute, and the Constitution. Moreover, in light of the consumer protection elements of the managed care reforms contained in the Balanced Budget Act, future managed care litigation may focus on the manner in which companies carry out states' obligations toward managed care enrollees. Resolution of Medicaid managed care cases involves the application of general principles of

  7. NHS litigation in bariatric surgery over a ten year period.

    PubMed

    Ratnasingham, Kumaran; Knight, James; Liu, Mamie; Karatsai, Eleni; Humadi, Samer; Irukulla, Shashi

    2017-04-01

    Negligence claims in the UK NHS has increased over the last 30 years. The aim of this present study was determine the number of claims and the cost of litigation in Bariatric Surgery and compare it to similar other specialties. Data was received from NHS Litigation Authority (NHSLA) in response to Freedom of Information data request. There was a total of 7 claims, of which 4 were successful. The total pay out sum was £210,000 in 10 years. This is a very low amount compared to other surgical specialties. This low level of litigation probably indicates that the current bariatric surgical services in the NHS are delivering safe care with good patient satisfaction. This needs to be carefully considered prior to changing the payment tariffs for bariatric surgery. Copyright © 2017 IJS Publishing Group Ltd. Published by Elsevier Ltd. All rights reserved.

  8. 22 Emergency department litigation and coroner's inquests: a ten year analysis.

    PubMed

    Tilbury, Nicholas; Tabner, Andrew; Johnson, Graham

    2017-12-01

    The burden of litigation within the NHS should not be underestimated. Indemnity costs rise in response to the rising frequency and costs of claims, with recent changes to the discount rate projected to increase NHS Litigation Authority (NHSLA) costs by £1 Billion per year. Litigation also has a significant psychological impact on staff. This study represents the first examination of litigation and Coroner's 'Prevention of Future Deaths' reports relating to emergency department care in the UK. Using the Freedom of Information (FOI) Act (2000) we submitted data requests to both the NHSLA and the Ministry of Justice (MoJ).The NHSLA provided data concerning ED litigation claims between 2006 and 2015 including:Number of claims by yearNumber of successful and unsuccessful claims by yearNumber of settled claimsCost of claims (including defence costs, claimant costs and damages awarded)The MoJ provided data concerning PFD reports issued to EDs between 2006 and 2016. Data concerning PFD reports issued between 2012 and 2015 were extracted from the MoJ website. Data included:Report dateAge and gender of the deceasedReport summary RESULTS: The total number of ED litigation claims made between 2006 and 2015 was 10,040; 5745 (57.2%) resulted in a financial settlement. The number of claims successfully settled ranged from 382 in 2005/06 to 830 in 2014/15 with an upward trend throughout the decade. The mean cost of a successful claim was £114,029; increasing from £66 754 in 2005/06 to £1 41 027 in 2014/15, a 111% increase. Delay/failure in diagnosis was the most common cause for litigation (4318 [44.5%]) and PFD reports (15 [21%]).A total of 70 PFD reports were issued within the study period; there was no trend in the number of reports issued per year. The greatest number of reports were issued in 2014 (18), far exceeding any other year. Annual claim numbers have increased by 117% over the study period and mean claim cost has increased by 111% (far in excess of any rise

  9. Patent litigation in India continues to throw up new challenges.

    PubMed

    Reddy Thikkavarapu, Prashant

    2016-07-01

    For several years after the reinstitution of a pharmaceutical patent regime in India, most innovator pharmaceutical companies have faced a string of high-profile defeats during litigation in India. In the last 2 years, however, the fortunes of pharmaceutical patentees have changed dramatically. Not only have Indian courts enforced pharmaceutical patents and issued injunctions restraining Indian generic companies from infringing valid patents, but they have also refused to invoke 'public interest' arguments to delay the enforcement of patents. This string of victories for pharmaceutical patents indicates a new era for the innovator industry in India. These victories for the innovator industry demonstrate the objectivity of the Indian judiciary. Even on the issue of compulsory licensing, the Patent Office, which functions as a part of the central government, has been restrained - granting only one compulsory license for a drug owned by Bayer but declining two other similar requests. Similarly, even the Indian judiciary while enforcing patents has also remained sensitive to the flexibilities in the Patents Act, such as the 'Bolar-type' provisions and compulsory licensing provisions.

  10. 13 CFR 120.975 - CDC Liquidation of loans and debt collection litigation.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 13 Business Credit and Assistance 1 2014-01-01 2014-01-01 false CDC Liquidation of loans and debt... BUSINESS LOANS Development Company Loan Program (504) Authority of Cdcs to Perform Liquidation and Debt Collection Litigation § 120.975 CDC Liquidation of loans and debt collection litigation. (a) PCLP CDCs. If a...

  11. 13 CFR 120.975 - CDC Liquidation of loans and debt collection litigation.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false CDC Liquidation of loans and debt... BUSINESS LOANS Development Company Loan Program (504) Authority of Cdcs to Perform Liquidation and Debt Collection Litigation § 120.975 CDC Liquidation of loans and debt collection litigation. (a) PCLP CDCs. If a...

  12. 13 CFR 120.975 - CDC Liquidation of loans and debt collection litigation.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 13 Business Credit and Assistance 1 2012-01-01 2012-01-01 false CDC Liquidation of loans and debt... BUSINESS LOANS Development Company Loan Program (504) Authority of Cdcs to Perform Liquidation and Debt Collection Litigation § 120.975 CDC Liquidation of loans and debt collection litigation. (a) PCLP CDCs. If a...

  13. 13 CFR 120.975 - CDC Liquidation of loans and debt collection litigation.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 13 Business Credit and Assistance 1 2013-01-01 2013-01-01 false CDC Liquidation of loans and debt... BUSINESS LOANS Development Company Loan Program (504) Authority of Cdcs to Perform Liquidation and Debt Collection Litigation § 120.975 CDC Liquidation of loans and debt collection litigation. (a) PCLP CDCs. If a...

  14. 13 CFR 120.975 - CDC Liquidation of loans and debt collection litigation.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 13 Business Credit and Assistance 1 2011-01-01 2011-01-01 false CDC Liquidation of loans and debt... BUSINESS LOANS Development Company Loan Program (504) Authority of Cdcs to Perform Liquidation and Debt Collection Litigation § 120.975 CDC Liquidation of loans and debt collection litigation. (a) PCLP CDCs. If a...

  15. Developments in Education Litigation: Equal Protection

    ERIC Educational Resources Information Center

    Lindquist, Robert E.; Wise, Arthur E.

    1976-01-01

    Discusses current trends in educational litigation as reflected by recent court decisions involving equal educational opportunity, school finance reform, and the constitutional guarantee of equal protection as it applies to public education. Much attention is focused on the U.S. Supreme Court's decision in Rodriquez v. San Antonio. (JG)

  16. 32 CFR 516.23 - Litigation reports.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 3 2011-07-01 2009-07-01 true Litigation reports. 516.23 Section 516.23 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND... the action and any defense thereto are based. Where possible, support facts by reference to documents...

  17. Organizational downsizing and age discrimination litigation: the influence of personnel practices and statistical evidence on litigation outcomes.

    PubMed

    Wingate, Peter H; Thornton, George C; McIntyre, Kelly S; Frame, Jennifer H

    2003-02-01

    The present study examined relationships between reduction-in-force (RIF) personnel practices, presentation of statistical evidence, and litigation outcomes. Policy capturing methods were utilized to analyze the components of 115 federal district court opinions involving age discrimination disparate treatment allegations and organizational downsizing. Univariate analyses revealed meaningful links between RIF personnel practices, use of statistical evidence, and judicial verdict. The defendant organization was awarded summary judgment in 73% of the claims included in the study. Judicial decisions in favor of the defendant organization were found to be significantly related to such variables as formal performance appraisal systems, termination decision review within the organization, methods of employee assessment and selection for termination, and the presence of a concrete layoff policy. The use of statistical evidence in ADEA disparate treatment litigation was investigated and found to be a potentially persuasive type of indirect evidence. Legal, personnel, and evidentiary ramifications are reviewed, and a framework of downsizing mechanics emphasizing legal defensibility is presented.

  18. Explaining the unexplainable - the impact of physicians' attitude towards litigation on their incident disclosure behaviour.

    PubMed

    Renkema, Erik; Broekhuis, Manda H; Ahaus, Kees

    2014-10-01

    This study aims to provide in-depth insight into the emotions and thoughts of physicians towards malpractice litigation, and how these relate to their incident disclosure behaviour. Thirty-one Dutch physicians were interviewed and completed short questionnaires regarding malpractice litigation. We used hierarchical cluster analysis to identify physician clusters. Additional qualitative data were analysed. Physicians vary largely in their attitude towards malpractice litigation, and their attitude is not straightforward related to their disclosure behaviour. Based on their responses physicians could be divided into two clusters: one with a positive and one with a negative attitude. Physicians with a negative attitude showed often, but also 6 out of 15 not, a reluctance to disclose, whereas the majority in the positive attitude cluster (12 out of 16) showed no reluctance. If, what and how physicians disclose incidents depends on a complex interplay of their emotions and thoughts regarding litigation, and not only on their fear of litigation as many studies assume. Due to the variation among physicians in their litigation attitude and behaviour in terms of incident disclosure the oft-heard call for 'openness' about medical incidents will not be easy to achieve. A coaching system in which physicians can share and discuss their differing attitudes and disclosure principles, teaching medical students and junior physicians about disclosure, and explaining how to organize emotional and legal support for oneself in case of litigation could decrease stress feelings and support open disclosure behaviour. © 2014 John Wiley & Sons, Ltd.

  19. Compulsory Attendance: An Analysis of Litigation

    ERIC Educational Resources Information Center

    Leddon, Leo Levy, Jr.

    2010-01-01

    The purpose of this research was to examine court cases dealing with compulsory attendance laws, also known as compulsory education laws, for the purpose of establishing the issues, outcomes, and trends in compulsory attendance litigation. In this manner, school officials could be provided guidance on dealing with issues surrounding the attendance…

  20. Analysis of Playground Injuries and Litigation.

    ERIC Educational Resources Information Center

    Frost, Joe L.

    A study analyzed 82 cases of playground injuries and litigation (including 7 fatalities) in 28 states. In order of frequency, injuries happened in public schools, public parks, child care centers, apartment complexes, fast food restaurants, backyards, recreation camps, state parks, and state schools. Sixty-five percent of all injuries resulted…

  1. Assessing older adults in civil litigation cases.

    PubMed

    Kohutis, Eileen A

    With the population aging, the legal and mental health systems need to be prepared for cases that involve older adults beyond the customary matters of guardianship and competency. Assessing older adults with the current tests raises concerns because these measures may not be adequately normed for this age group. Malingering, factitious disorders, and somatoform disorders are discussed due to health-related issues of normal aging. These topics complicate the assessment procedure and need consideration because they may affect the claimant's performance or symptom presentation. Although claims of posttraumatic stress disorder (PTSD) are common in civil litigation cases, it can be additionally complex in older adults. The evaluator needs to weigh not only factors related to the normal biological process of aging but also those that are attendant with the litigation. Copyright © 2016 Elsevier Ltd. All rights reserved.

  2. Acts of God, human influence and litigation

    NASA Astrophysics Data System (ADS)

    Marjanac, Sophie; Patton, Lindene; Thornton, James

    2017-09-01

    Developments in attribution science are improving our ability to detect human influence on extreme weather events. By implication, the legal duties of government, business and others to manage foreseeable harms are broadening, and may lead to more climate change litigation.

  3. 13 CFR 120.848 - Requirements for 504 loan processing, closing, servicing, liquidating, and litigating by PCLP CDCs.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... processing, closing, servicing, liquidating, and litigating by PCLP CDCs. 120.848 Section 120.848 Business..., liquidating, and litigating by PCLP CDCs. (a) General. In processing closing, servicing, liquidating and litigating 504 loans under the PCLP (“PCLP Loans”), the PCLP CDC must comply with Loan Program Requirements...

  4. 13 CFR 120.848 - Requirements for 504 loan processing, closing, servicing, liquidating, and litigating by PCLP CDCs.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... processing, closing, servicing, liquidating, and litigating by PCLP CDCs. 120.848 Section 120.848 Business..., liquidating, and litigating by PCLP CDCs. (a) General. In processing closing, servicing, liquidating and litigating 504 loans under the PCLP (“PCLP Loans”), the PCLP CDC must comply with Loan Program Requirements...

  5. 13 CFR 120.848 - Requirements for 504 loan processing, closing, servicing, liquidating, and litigating by PCLP CDCs.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... processing, closing, servicing, liquidating, and litigating by PCLP CDCs. 120.848 Section 120.848 Business..., liquidating, and litigating by PCLP CDCs. (a) General. In processing closing, servicing, liquidating and litigating 504 loans under the PCLP (“PCLP Loans”), the PCLP CDC must comply with Loan Program Requirements...

  6. 13 CFR 120.848 - Requirements for 504 loan processing, closing, servicing, liquidating, and litigating by PCLP CDCs.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... processing, closing, servicing, liquidating, and litigating by PCLP CDCs. 120.848 Section 120.848 Business..., liquidating, and litigating by PCLP CDCs. (a) General. In processing closing, servicing, liquidating and litigating 504 loans under the PCLP (“PCLP Loans”), the PCLP CDC must comply with Loan Program Requirements...

  7. 13 CFR 120.848 - Requirements for 504 loan processing, closing, servicing, liquidating, and litigating by PCLP CDCs.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... processing, closing, servicing, liquidating, and litigating by PCLP CDCs. 120.848 Section 120.848 Business..., liquidating, and litigating by PCLP CDCs. (a) General. In processing closing, servicing, liquidating and litigating 504 loans under the PCLP (“PCLP Loans”), the PCLP CDC must comply with Loan Program Requirements...

  8. Claims, errors, and compensation payments in medical malpractice litigation.

    PubMed

    Studdert, David M; Mello, Michelle M; Gawande, Atul A; Gandhi, Tejal K; Kachalia, Allen; Yoon, Catherine; Puopolo, Ann Louise; Brennan, Troyen A

    2006-05-11

    In the current debate over tort reform, critics of the medical malpractice system charge that frivolous litigation--claims that lack evidence of injury, substandard care, or both--is common and costly. Trained physicians reviewed a random sample of 1452 closed malpractice claims from five liability insurers to determine whether a medical injury had occurred and, if so, whether it was due to medical error. We analyzed the prevalence, characteristics, litigation outcomes, and costs of claims that lacked evidence of error. For 3 percent of the claims, there were no verifiable medical injuries, and 37 percent did not involve errors. Most of the claims that were not associated with errors (370 of 515 [72 percent]) or injuries (31 of 37 [84 percent]) did not result in compensation; most that involved injuries due to error did (653 of 889 [73 percent]). Payment of claims not involving errors occurred less frequently than did the converse form of inaccuracy--nonpayment of claims associated with errors. When claims not involving errors were compensated, payments were significantly lower on average than were payments for claims involving errors (313,205 dollars vs. 521,560 dollars, P=0.004). Overall, claims not involving errors accounted for 13 to 16 percent of the system's total monetary costs. For every dollar spent on compensation, 54 cents went to administrative expenses (including those involving lawyers, experts, and courts). Claims involving errors accounted for 78 percent of total administrative costs. Claims that lack evidence of error are not uncommon, but most are denied compensation. The vast majority of expenditures go toward litigation over errors and payment of them. The overhead costs of malpractice litigation are exorbitant. Copyright 2006 Massachusetts Medical Society.

  9. Performance evaluation of court in construction claims settlement of litigation

    NASA Astrophysics Data System (ADS)

    Hayati, Kemala; Latief, Yusuf; Rarasati, Ayomi Dita; Siddik, Arief

    2017-06-01

    Claim construction has a major influence on the implementation of projects, such as the cost and time. The success of the construction project is highly dependent on the effective resolution of claims. Although it has been recognized that litigation or court is not the best way because it may reduce or eliminate profits and damage the relationship, it is a method of resolving claims and disputes that is common in the world of construction. The method of resolving claims and disputes through litigation or court may solve the problem in an alternative method, namely the implementation of the judgment which can be enforced effectively against the losing party and the ruling which has the force of law of the country where the claims and disputes are examined. However, litigation or court may take longer time and require high cost. Thus, it is necessary to identify factors affecting the performance of the court and to develop a system capable of improving an existing system in order to run more effectively and efficiently. Resolution in the claims management of construction projects with the method of litigation is a procedure that can be used by the courts in order to shorten the time in order to reduce the cost. The scope of this research is directed to all parties involved in the construction, both the owners and the contractors as implementers and practitioners, as well as experts who are experienced in construction law.

  10. Disclosure of medical injury to patients: an improbable risk management strategy.

    PubMed

    Studdert, David M; Mello, Michelle M; Gawande, Atul A; Brennan, Troyen A; Wang, Y Claire

    2007-01-01

    Pressure mounts on physicians and hospitals to disclose adverse outcomes of care to patients. Although such transparency diverges from traditional risk management strategy, recent commentary has suggested that disclosure will actually reduce providers' liability exposure. We tested this theory by modeling the litigation consequences of disclosure. We found that forecasts of reduced litigation volume or cost do not withstand close scrutiny. A policy question more pressing than whether moving toward routine disclosure will expand litigation is the question of how large such an expansion might be.

  11. Trends in malpractice litigation.

    PubMed Central

    Holder, A. R.

    1980-01-01

    Physicians who make mistakes are not necessarily negligent, contrary to prevailing opinion in the medical community. The article discusses the legal concepts of "standard of care" and "proximate cause." The incidence of favorable jury verdicts in those cases in which malpractice suits are litigated is quite high. The effects of insurance company policies in decisions about settlements on the incidence of claims is discussed and alternatives are suggested. The prevailing belief that a consent form with a patient's signature on it is sufficient to prevent a malpractice suit is also discussed. PMID:7445540

  12. Assessing Impression Management With the MMPI-2 in Child Custody Litigation.

    PubMed

    Arce, Ramón; Fariña, Francisca; Seijo, Dolores; Novo, Mercedes

    2015-12-01

    Forensic psychological evaluation of parents in child custody litigation is primarily focused on evaluating parenting capacity and underreporting. The biased responses of underreporting have been classified as Impression Management (IM) or as Self-Deceptive Positivity (S-DP), which are regarded to be conscious or unconscious in nature, respectively. A field study was undertaken to assess impression management on the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) in child custody cases, the accuracy of the MMPI-2 scales in classifying IM, and what parents in child custody litigation actually manipulate in terms of IM. A total of 244 parents in child custody litigation and 244 parents under standard instructions were administered the MMPI-2. The results revealed that the L, Mp, Wsd, and Od scales discriminated between both samples of parents; the rate of satisfactory classification (i.e., odds ratio ranged from 5.7 for Wsd to 23.3 for Od) and an incremental validity of Od over Mp and Wsd. As for the effects of IM, the results show IM effects in the Basic Clinical Scales, the Restructured Clinical Scales, the Personality Psychopathology Five Scales, the Content Scales, and the Supplementary Scales. The implications of the results are discussed in relation to the forensic evaluation of parents in child custody litigation. © The Author(s) 2014.

  13. The Experience of Litigation From the Perspective of Midwives in Iran.

    PubMed

    Peyman, Akram; Nayeri, Nahid Dehghan; Bandboni, Mohammad Esmaeilpour; Moghadam, Zahra Behboodi

    Errors and notices to appear in court are a reality of life for many midwives and exert significant effects on both their professional and personal lives. Given the increasing population policies in place, this study was conducted to examine midwives' experiences of litigation in Iran. A qualitative study was conducted in 2014 using an interpretive phenomenological approach. The interviews were recorded and transcribed and were then analyzed using the Diekelmann method. Midwives who participated had professional experience ranging from 3 to 22 years at the time of the complaints. Five participants had received more than one complaint, and 10 participants were judged as guilty creating/leaving significant effects on various dimensions of their lives. The present research disclosed four main themes from the interviews including feeling ruined by the complaints, being conflicted between denial and belief, having shattered hopes of release, and experiencing the slowed-down rhythm of midwifery. From these, a basic pattern of "living in despair" was extracted. Litigation is a painful experience for midwives. Anxiety regarding compensation for the patients' losses, public judgment, prolonged litigations, and undermined professional dignity create physical and psychological ramifications for these midwives. Negative feelings about litigation, compounded by the lack of legal support from the authorities, cause a sense of hopelessness regarding the future of the midwifery profession.

  14. MEDICINAL CANNABIS LAW REFORM: LESSONS FROM CANADIAN LITIGATION.

    PubMed

    Freckelton, Ian

    2015-06-01

    This editorial reviews medicinal cannabis litigation in Canada's superior courts between 1998 and 2015. It reflects upon the outcomes of the decisions and the reasoning within them. It identifies the issues that have driven Canada's jurisprudence in relation to access to medicinal cannabis, particularly insofar as it has engaged patients' rights to liberty and security of the person. It argues that the sequence of medicinal schemes adopted and refined in Canada provides constructive guidance for countries such as Australia which are contemplating introduction of medicinal cannabis as a therapeutic option in compassionate circumstances for patients. In particular, it contends that Canada's experience suggests that strategies calculated to introduce such schemes in a gradualist way, enabling informed involvement by medical practitioners and pharmacists, and that provide for safe and inexpensive accessibility to forms of medicinal cannabis that are clearly distinguished from recreational use and unlikely to be diverted criminally maximise the chances of such schemes being accepted by key stakeholders.

  15. What litigators need to know about HIPAA.

    PubMed

    Stein, Scott D

    2003-01-01

    HIPAA's Privacy Regulations impose a number of new requirements on Covered Entities concerning disclosure of an individual's personal health information. This Article briefly outlines the primary function of HIPAA's general nondisclosure rule and discusses the exceptions under which HIPAA permits disclosure in the course of litigation or government investigations.

  16. Competitive strategy in the hospital industry.

    PubMed

    Autrey, P; Thomas, D

    1986-01-01

    Porter recently developed a framework for applying effective strategies in an increasingly competitive business environment. His framework can be adapted to the health care industry and can serve as a tool for success.

  17. Managing clinical negligence litigation and costs in the NHS.

    PubMed

    Tingle, John

    2016-11-24

    John Tingle, Reader in Health Law, Nottingham Trent University, discusses recent Government proposals to improve NHS maternity services and make changes to litigation and patient safety investigation procedures.

  18. 28 CFR Appendix to Subpart B of... - Redelegation of Authority to the Deputy Assistant Attorney General for Litigation, Antitrust...

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... Assistant Attorney General for Litigation, Antitrust Division, To Authorize Production or Disclosure of... Assistant Attorney General for Litigation, Antitrust Division, To Authorize Production or Disclosure of... described in 28 CFR 16.21(a) is hereby redelegated to the Deputy Assistant Attorney General for Litigation...

  19. Litigation and the College Catalogue: "Caveat Emptor" Reinterpreted.

    ERIC Educational Resources Information Center

    Sullivan, LeRoy L.

    1982-01-01

    Reviews the contractual relationship between students and higher education institutions and discusses how courts have interpreted this relationship in deciding legal challenges to college catalogs. Recommends 12 guidelines to help colleges minimize their risks of breach of contract litigation. (Author/RW)

  20. An overview of medical malpractice litigation and the perceived crisis.

    PubMed

    Litvin, S Gerald

    2005-04-01

    In this overview of medical malpractice litigation in the United States, practical and philosophic aspects of the so-called malpractice litigation crisis are addressed. After reviewing the historical, legal rationale for compensating victims of negligent conduct by others, attention is focused on the plight of physicians who are charged with medical negligence and the oppressive insurance premiums that impose a heavy burden on all health care providers, particularly those in the surgical fields. A variety of political solutions advanced to "correct" the problem is reviewed. A historical prospective of malpractice litigation in the United States is presented together with an analysis of various legislative proposals--many of which have already been enacted in various states that will ostensibly "cure" the problems that concern clinicians. Consideration of the various legislative proposals includes: arbitrary limits on pain and suffering awards (caps); elimination of joint and several liability; regulation of attorneys fees; elimination of the collateral source rule; abrogation of punitive damages; proposals for periodic payments; and statutes of repose. Various procedural changes in the processing of malpractice claims are reviewed and analyzed from the perspective of both fairness and efficacy.

  1. Chronic pain, work performance and litigation.

    PubMed

    Blyth, Fiona M; March, Lyn M; Nicholas, Michael K; Cousins, Michael J

    2003-05-01

    The overall population impact of chronic pain on work performance has been underestimated as it has often been described in terms of work-related absence, excluding more subtle effects that chronic pain may have on the ability to work effectively. Additionally, most studies have focussed on occupational and/or patient cohorts and treatment seeking, rather than sampling from the general population. We undertook a population-based random digit dialling computer-assisted telephone survey with participants randomly selected within households in order to measure the impact of chronic pain on work performance. In addition, we measured the association between pain-related disability and litigation. The study took place in Northern Sydney Health Area, a geographically defined urban area of New South Wales, Australia, and included 484 adults aged 18 or over with chronic pain. The response rate was 73.4%. Working with pain was more common (on an average 83.8 days in 6 months) than lost work days due to pain (4.5 days) among chronic pain participants in full-time or part-time employment. When both lost work days and reduced-effectiveness work days were summed, an average of 16.4 lost work day equivalents occurred in a 6-month period, approximately three times the average number of lost work days. In multiple logistic regression modelling with pain-related disability as the dependent variable, past or present pain-related litigation had the strongest association (odds ratio (OR)=3.59, P=0.001). In conclusion, chronic pain had a larger impact on work performance than has previously been recognised, related to reduced performance while working with pain. A significant proportion were able to work effectively with pain, suggesting that complete relief of pain may not be an essential therapeutic target. Litigation (principally work-related) for chronic pain was strongly associated with higher levels of pain-related disability, even after taking into account other factors

  2. Litigation and School Finance: A Cautionary Tale

    ERIC Educational Resources Information Center

    Russo, Charles J.

    2010-01-01

    Beginning in the early 1970s, plaintiffs initiated a veritable tidal wave of litigation over financing public education in states with unequal funding for students in poor school systems. In the only case on school finance to reach the United States Supreme Court, "San Antonio Independent School District v. Rodriguez" (1973), the…

  3. Concept of defensive medicine and litigation among Sudanese doctors working in obstetrics and gynecology.

    PubMed

    Ali, AbdelAziem A; Hummeida, Moawia E; Elhassan, Yasir A M; Nabag, Wisal O M; Ahmed, Mohammed Ahmed A; Adam, Gamal K

    2016-02-09

    Obstetrics and gynaecology always has reputation for being a highly litigious. The field of obstetrics and gynaecology is surrounded by different circumstances that stimulate the doctors to practice defensive medicine. This study was directed to assess the extent and the possible effect of defensive medicine phenomenon (in term of knowledge and prevalence) on medical decision making among different grades of obstetric and gynaecologic Sudanese doctors, and to determine any experience of medical litigations with respect to sources and factors associated with it (in term of area of work, characteristics of the area at which the doctors worked, professionalism, hospitals systems…ect). A total of 117 doctors were approached, their distribution according to job description was as follow: consultants (42.7%, 50\\117) registrars (34.2%, 40\\117) and specialists (23.1%, 27\\117). The majority 89.7% had the impression that litigation against doctors are increasing and 27.6% had a direct experience of litigation. In this study less than one half (42.7%) of the surveyed doctors knew the concept of defensive medicine and 71.8% reported practicing one or another form of defensive medicine. The different sources of the litigations reported by the doctors included: maternal death (n = 15), perinatal death (n = 5), other {misdiagnosis, intra-uterine fetal death, uterine perforation, rupture uterus} (n = 4), fetal distress (n = 3), injury to viscera (n = 3) and shoulder dystocia (n = 2). In this study the experience of medical litigation was significantly observed among those who worked in area of blame culture (90.6% Vs 56.5%, P = 0.000). In logistic regression model, there was no significant difference between those who knew the concept of defence medicine and those who didn't. There should be strategic plan to reduce the practice of defensive medicine and medical litigation against doctors.

  4. Vertical Integration: Corporate Strategy in the Information Industry.

    ERIC Educational Resources Information Center

    Davenport, Lizzie; Cronin, Blaise

    1986-01-01

    Profiles the corporate strategies of three sectors of the information industry and the trend toward consolidation in electronic publishing. Three companies' acquisitions are examined in detail using qualitative data from information industry columns and interpreting it on the basis of game theory. (EM)

  5. Closed Claims Analysis of Medical Malpractice Lawsuits Involving Midwives: Lessons Learned Regarding Safe Practices and the Avoidance of Litigation.

    PubMed

    McCool, William F; Guidera, Mamie; Griffinger, Ellie; Sacan, Dulcy

    2015-01-01

    The risk of litigation remains of concern to midwives, their practice partners, employers, and malpractice insurance providers. Closed claims analysis is a method of examining risk patterns and behaviors in lawsuits, including those involving health care practices. The purpose of this investigation was to evaluate claims brought against midwives, with the intent of developing strategies to decrease the incidence of litigation. Data were collected in joint meetings with members of the American College of Nurse-Midwives (ACNM); the American Association of Birth Centers; the American International Group (AIG), a major malpractice insurer for certified nurse-midwives/certified midwives (CNMs/CMs); and Contemporary Insurance Services, an independent insurance agency that has worked with AIG to facilitate the writing of malpractice insurance policies for CNMs/CMs. The purpose of the meetings was to review 162 litigation cases that involved midwives insured by AIG and had been closed between the years 2002 and 2011. Follow-up analyses of data and reporting of results were performed by the authors, who are members of the Professional Liability Section of the ACNM Division of Standards and Practice. Findings reflected 7 major categories of liability risk ranging from the most prevalent (ie, fetal/newborn complications or death) to the least prevalent (ie, attending a vaginal birth after cesarean). Data also were examined regarding the highest amounts incurred in court decisions or pretrial settlements because they were related to types of adverse outcomes that occurred. Recommendations for improving clinical practice and avoiding litigation based on findings from the closed claims analysis include, but are not limited to, the need for thorough and accurate documentation in practice, appropriate and timely consultation and collaboration, and the presence of practitioners whose clinical skills match the level of care assessed to be necessary for each woman for whom care is

  6. Financing Educational Facility Construction: Prevailing Wage Litigation.

    ERIC Educational Resources Information Center

    Goldblatt, Steven M.; Wood, R. Craig

    This chapter presents an up-to-date analysis of prevailing state wage laws that affect educational facility construction or renovation and highlights relevant prevailing wage litigation in many states. Currently, 13 states have no prevailing wage laws for public works. The other 37 states and the District of Columbia do have prevailing wage laws…

  7. The Tangible Impact of School Finance Litigation

    ERIC Educational Resources Information Center

    Lockridge, Courtney; Maiden, Jeffrey

    2014-01-01

    The purpose of this study was to address the extent to which adequacy litigation functions as a means for improving student achievement, particularly among low-income and minority students. The study extended theory established in prior studies, and took into account the idea that change takes several years to realize and that sufficient time to…

  8. Trends in malpractice litigation in relation to the delivery of breast care in the National Health Service.

    PubMed

    Morgan, Jenna L; Vijh, Rajesh

    2013-10-01

    Malpractice litigation involving the delivery of breast care has been evaluated in the United States of America (USA) but is a relatively new area of study in the United Kingdom (UK). We sought to study and evaluate the emerging trends in litigation claims in relation to breast disease with the National Health Service Litigation Authority (NHSLA) over the last 15 years, up to December 2010. Copyright © 2013 Elsevier Ltd. All rights reserved.

  9. University Software Ownership and Litigation: A First Examination*

    PubMed Central

    Rai, Arti K.; Allison, John R.; Sampat, Bhaven N.

    2013-01-01

    Software patents and university-owned patents represent two of the most controversial intellectual property developments of the last twenty-five years. Despite this reality, and concerns that universities act as “patent trolls” when they assert software patents in litigation against successful commercializers, no scholar has systematically examined the ownership and litigation of university software patents. In this Article, we present the first such examination. Our empirical research reveals that software patents represent a significant and growing proportion of university patent holdings. Additionally, the most important determinant of the number of software patents a university owns is not its research and development (“R&D”) expenditures (whether computer science-related or otherwise) but, rather, its tendency to seek patents in other areas. In other words, universities appear to take a “one size fits all” approach to patenting their inventions. This one size fits all approach is problematic given the empirical evidence that software is likely to follow a different commercialization path than other types of invention. Thus, it is perhaps not surprising that we see a number of lawsuits in which university software patents have been used not for purposes of fostering commercialization, but instead, to extract rents in apparent holdup litigation. The Article concludes by examining whether this trend is likely to continue in the future, particularly given a 2006 Supreme Court decision that appears to diminish the holdup threat by recognizing the possibility of liability rules in patent suits, as well as recent case law that may call into question certain types of software patents. PMID:23750052

  10. In the eyes of the law: malpractice litigation in oculoplastic surgery.

    PubMed

    Svider, Peter F; Blake, Danielle M; Husain, Qasim; Mauro, Andrew C; Turbin, Roger E; Eloy, Jean Anderson; Langer, Paul D

    2014-01-01

    To assess characteristics associated with various outcomes of malpractice litigation, resulting from injuries sustained during oculoplastic procedures. The Westlaw legal database (Thomson Reuters, New York, NY, U.S.A.) was used to obtain jury verdicts and settlements. Pertinent data were extracted from 69 malpractice cases litigated from 1988 to 2012 involving oculoplastic procedures, including alleged cause of malpractice, outcome, and defendant specialty. The most commonly litigated surgical procedures were blepharoplasty (63.8% of total) and brow lift surgery (11.6%). The most commonly alleged complications included excessive scarring (24.6%), lagophthalmos (24.6%), visual defects (23.2%), and exposure keratitis (21.7%). Plastic surgeons were the most commonly named defendants (46.4%), followed by both comprehensive ophthalmologists and fellowship-trained ophthalmic plastic surgeons (17.3% each). A defense verdict was held in 60.9% of cases, a plaintiff verdict in 31.9% of cases, and a settlement was reached in 7.2% of cases. Blindness, cranial nerve injury, and the allegation of a permanent deficit increased the likelihood of a case being resolved with payment to the plaintiff (Fisher exact tests, p < 0.05). Most litigated oculoplastic malpractice cases were resolved in favor of the defendant, while settlements and plaintiff decisions averaged $455,703. Blepharoplasty constituted two-thirds of cases, with the most frequently cited associated complications being unsightly scarring, lagophthalmos, and visual deficits. An alleged lack of informed consent (30.4%) or the need for additional surgery (39.1%) was present in a considerable proportion of cases, emphasizing the importance of a detailed informed consent and clear communication preoperatively regarding patient expectations.

  11. Strategies to improve industrial energy efficiency

    NASA Astrophysics Data System (ADS)

    O'Rielly, Kristine M.

    A lack of technical expertise, fueled by a lack of positive examples, can lead to companies opting not to implement energy reduction projects unless mandated by legislation. As a result, companies are missing out on exceptional opportunities to improve not only their environmental record but also save considerably on fuel costs. This study investigates the broad topic of energy efficiency within the context of the industrial sector by means of a thorough review of existing energy reduction strategies and a demonstration of their successful implementation. The study begins by discussing current industrial energy consumption trends around the globe and within the Canadian manufacturing sector. This is followed by a literature review which outlines 3 prominent energy efficiency improvement strategies currently available to companies: 1) Waste heat recovery, 2) Idle power loss reduction and production rate optimization, and lastly 3) Auxiliary equipment operational performance. Next, a broad overview of the resources and tools available to organizations looking to improve their industrial energy efficiency is provided. Following this, several case studies are presented which demonstrate the potential benefits that are available to Canadian organizations looking to improve their energy efficiency. Lastly, a discussion of a number of issues and barriers pertaining to the wide-scale implementation of industrial efficiency strategies is presented. It discusses a number of potential roadblocks, including a lack of energy consumption monitoring and data transparency. While this topic has been well researched in the past in terms of the losses encountered during various general manufacturing process streams, practically no literature exists which attempts to provide real data from companies who have implemented energy efficiency strategies. By obtaining original data directly from companies, this thesis demonstrates the potential for companies to save money and reduce GHG

  12. Implementation of a publication strategy in the context of reporting biases. A case study based on new documents from Neurontin litigation.

    PubMed

    Vedula, S Swaroop; Goldman, Palko S; Rona, Ilyas J; Greene, Thomas M; Dickersin, Kay

    2012-08-13

    Previous studies have documented strategies to promote off-label use of drugs using journal publications and other means. Few studies have presented internal company communications that discussed financial reasons for manipulating the scholarly record related to off-label indications. The objective of this study was to build on previous studies to illustrate implementation of a publication strategy by the drug manufacturer for four off-label uses of gabapentin (Neurontin, Pfizer, Inc.): migraine prophylaxis, treatment of bipolar disorders, neuropathic pain, and nociceptive pain. We included in this study internal company documents, email correspondence, memoranda, study protocols and reports that were made publicly available in 2008 as part of litigation brought by consumers and health insurers against Pfizer for fraudulent sales practices in its marketing of gabapentin (see http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=saris/pdf/ucl%20opinion.pdf for the Court's findings).We reviewed documents pertaining to 20 clinical trials, 12 of which were published. We categorized our observations related to reporting biases and linked them with topics covered in internal documents, that is, deciding what should and should not be published and how to spin the study findings (re-framing study results to explain away unfavorable findings or to emphasize favorable findings); and where and when findings should be published and by whom. We present extracts from internal company marketing assessments recommending that Pfizer and Parke-Davis (Pfizer acquired Parke-Davis in 2000) adopt a publication strategy to conduct trials and disseminate trial findings for unapproved uses rather than an indication strategy to obtain regulatory approval. We show internal company email correspondence and documents revealing how publication content was influenced and spin was applied; how the company selected where trial findings would be presented or published; how publication of

  13. MMPI-2-RF characteristics of custody evaluation litigants.

    PubMed

    Archer, Elizabeth M; Hagan, Leigh D; Mason, Janelle; Handel, Richard; Archer, Robert P

    2012-03-01

    The Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) is a 338-item objective self-report measure drawn from the 567 items of the MMPI-2. Although there is a substantial MMPI-2 literature regarding child custody litigants, there has been only one previously published study using MMPI-2-RF data in this population that focused on Validity scales L-r and K-r. The current study evaluated the MMPI-2-RF results of 344 child custody litigants and showed substantial consistency between T-score elevations typically found on MMPI-2 Validity scales L and K, and comparable elevations for MMPI-2-RF validity scales L-r and K-r. Mean T-scores well within normal limits characterized results for clinical scales on both instruments. The RC scale intercorrelation patterns, and alpha coefficient values found for MMPI-2-RF scales in a custody population, were also found to be very similar to those reported for other populations. Directions for future research are presented.

  14. The Structure of the Computer Industry

    DTIC Science & Technology

    1992-03-01

    the user and written for pay by employees . The entry of computing power into mass markets and the emergence of the software industry in the late 1970s...use of improper means, there would be difficulties in acquiring the information.. .Protection is not based on a policy of rewarding or otherwise 74...2). In the computer industry, the most frequently litigated trade secret case occurs when an employee who has access to an employer’s trade secrets

  15. Physicians' communication skills with patients and legal liability in decided medical malpractice litigation cases in Japan

    PubMed Central

    Hamasaki, Tomoko; Takehara, Tadamichi; Hagihara, Akihito

    2008-01-01

    Background In medical malpractice litigations in recent years in Japan, it is notable that the growing number of medical litigation cases includes the issue of a doctor's explanation to the patient as a pivotal point. The objective of this study was to identify factors of physicians' communication skills with patients, as related to their legal liability, and differences in doctors' communication skills with patients by the type of medical facility. Methods Decisions of medical malpractice litigation cases between 1988 and 2005 in Japan, the pivotal issue of which was a physician's explanation, were analyzed in the study. The content of each decision was summarized using the study variables (information about the patient, doctor, manner of the doctor's explanation, and subsequent litigation), and a database comprising the content of each decision (N = 100) was constructed. In order to evaluate an association between doctors' communication skills with patients and the outcome of the litigation, the analysis was performed based on the outcome of litigation or the type of medical facility. Results The ratio of acknowledged physician liability by court decision was lower in cases in which the doctor's explanation occurred before treatment or surgery (p = 0.013). The ratio of acknowledged physician liability by court decision was higher in cases of elective or non-urgent treatment (p = 0.046). The ratio of acknowledged physician liability by court decision was higher in clinics than in hospital groups (p = 0.036). Conclusion These findings are beneficial for the prevention of medical disputes and improvement of patient-physician communication. PMID:18652700

  16. Physicians' communication skills with patients and legal liability in decided medical malpractice litigation cases in Japan.

    PubMed

    Hamasaki, Tomoko; Takehara, Tadamichi; Hagihara, Akihito

    2008-07-25

    In medical malpractice litigations in recent years in Japan, it is notable that the growing number of medical litigation cases includes the issue of a doctor's explanation to the patient as a pivotal point. The objective of this study was to identify factors of physicians' communication skills with patients, as related to their legal liability, and differences in doctors' communication skills with patients by the type of medical facility. Decisions of medical malpractice litigation cases between 1988 and 2005 in Japan, the pivotal issue of which was a physician's explanation, were analyzed in the study. The content of each decision was summarized using the study variables (information about the patient, doctor, manner of the doctor's explanation, and subsequent litigation), and a database comprising the content of each decision (N = 100) was constructed. In order to evaluate an association between doctors' communication skills with patients and the outcome of the litigation, the analysis was performed based on the outcome of litigation or the type of medical facility. The ratio of acknowledged physician liability by court decision was lower in cases in which the doctor's explanation occurred before treatment or surgery (p = 0.013). The ratio of acknowledged physician liability by court decision was higher in cases of elective or non-urgent treatment (p = 0.046). The ratio of acknowledged physician liability by court decision was higher in clinics than in hospital groups (p = 0.036). These findings are beneficial for the prevention of medical disputes and improvement of patient-physician communication.

  17. 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...

  18. An exploration of the effects of clinical negligence litigation on the practice of midwives in England: A phenomenological study.

    PubMed

    Robertson, Judith H; Thomson, Ann M

    2016-02-01

    to explore how midwives׳ personal involvement in clinical negligence litigation affects their midwifery practice. descriptive phenomenological study using semi-structured interviews. in 2006-2007 in-depth interviews were conducted in participants׳ homes or at their place of work and focused on participants׳ experience of litigation. Participants were recruited from various regions of England. 22 National Health Service (NHS) midwives who had been alleged negligent. clinical practice affected was an increase in documentation, fear of practising outside clinical guidelines and electronic fetal monitoring of women at low obstetric risk; these changes were not widespread. Changes in practice were sometimes perceived negatively and sometimes positively. Forming a good relationship with childbearing women was judged to promote effective midwifery care but litigation had affected the ability of a minority of midwives to advocate for women if this relationship had not been established. Litigation could result in loss of confidence leading to self-doubt, isolation, increased readiness to seek medical assistance and avoidance of working in the labour ward, perceived as an area with a high risk of litigation. A blame culture in the NHS was perceived by several midwives. In contrast an open non-punitive culture resulted in midwives readily reporting mistakes to risk managers. Litigation lowered midwifery morale and damaged professional reputations, particularly when reported in the newspapers. Some midwives expressed thoughts of leaving midwifery or taking time off work because of litigation but only one was actively seeking other employment, another took sick leave and one had left midwifery and returned to nursing. litigation can have a negative effect on midwives׳ clinical practice and morale and fosters a culture of blame within the NHS. education regarding appropriate documentation, use or non-use of electronic fetal monitoring and the legal status of clinical

  19. The Use of Arbitration to Avoid Litigation Under ERISA

    ERIC Educational Resources Information Center

    Donaldson, Richard P.

    1975-01-01

    In this symposium report it is suggested that arbitration can be used to avoid litigation of ERISA pension and welfare benefit claims if the negotiated plan or related collective bargaining agreement provides for arbitration or benefit disputes. (Author/LBH)

  20. Protecting Sacred Sites on Public Land: Religion and Alliances in the Mato Tipila-Devils Tower Litigation

    ERIC Educational Resources Information Center

    Freedman, Eric

    2007-01-01

    This article traces the Devils Tower litigation in the context of the "Bear Lodge" alliance's theoretical underpinnings, particularly the interrelationship among culture, geographic place, and religion, as well as the institutional mechanisms that regulate litigation alliances in the U.S. judicial system. It discusses principal factors…

  1. 48 CFR 352.233-71 - Litigation and claims.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... the action in good faith. The Government shall not be liable for the expense of defending any action... compensated by insurance which was required by law or regulation or by written direction of the Contracting... FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Texts of Provisions and Clauses 352.233-71 Litigation...

  2. 11 CFR 111.53 - Litigation by the Commission.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 11 Federal Elections 1 2012-01-01 2012-01-01 false Litigation by the Commission. 111.53 Section 111.53 Federal Elections FEDERAL ELECTION COMMISSION GENERAL COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a)) Collection of Debts Arising From Enforcement and Administration of Campaign Finance Laws § 111...

  3. 11 CFR 111.53 - Litigation by the Commission.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 11 Federal Elections 1 2011-01-01 2011-01-01 false Litigation by the Commission. 111.53 Section 111.53 Federal Elections FEDERAL ELECTION COMMISSION GENERAL COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a)) Collection of Debts Arising From Enforcement and Administration of Campaign Finance Laws § 111...

  4. 11 CFR 111.53 - Litigation by the Commission.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 11 Federal Elections 1 2014-01-01 2014-01-01 false Litigation by the Commission. 111.53 Section 111.53 Federal Elections FEDERAL ELECTION COMMISSION GENERAL COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a)) Collection of Debts Arising From Enforcement and Administration of Campaign Finance Laws § 111...

  5. 13 CFR 120.540 - Liquidation and litigation plans.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... liquidation through the review of liquidation plans which all Authorized CDC Liquidators and certain Lenders... plan. An Authorized CDC Liquidator and a Lender for a loan made under its authority as a CLP Lender... receive SBA's written approval of that plan. (c) Litigation plan. An Authorized CDC Liquidator and a...

  6. 13 CFR 120.540 - Liquidation and litigation plans.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... liquidation through the review of liquidation plans which all Authorized CDC Liquidators and certain Lenders... plan. An Authorized CDC Liquidator and a Lender for a loan made under its authority as a CLP Lender... receive SBA's written approval of that plan. (c) Litigation plan. An Authorized CDC Liquidator and a...

  7. 13 CFR 120.540 - Liquidation and litigation plans.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... liquidation through the review of liquidation plans which all Authorized CDC Liquidators and certain Lenders... plan. An Authorized CDC Liquidator and a Lender for a loan made under its authority as a CLP Lender... receive SBA's written approval of that plan. (c) Litigation plan. An Authorized CDC Liquidator and a...

  8. 13 CFR 120.540 - Liquidation and litigation plans.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... liquidation through the review of liquidation plans which all Authorized CDC Liquidators and certain Lenders... plan. An Authorized CDC Liquidator and a Lender for a loan made under its authority as a CLP Lender... receive SBA's written approval of that plan. (c) Litigation plan. An Authorized CDC Liquidator and a...

  9. 13 CFR 120.540 - Liquidation and litigation plans.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... liquidation through the review of liquidation plans which all Authorized CDC Liquidators and certain Lenders... plan. An Authorized CDC Liquidator and a Lender for a loan made under its authority as a CLP Lender... receive SBA's written approval of that plan. (c) Litigation plan. An Authorized CDC Liquidator and a...

  10. Development of an Industry Training Strategy for the Abattoir Industry in New South Wales.

    ERIC Educational Resources Information Center

    Clements, Andrew; Speers, Geoff

    The abattoir (meat processing) industry is facing a number of challenges in Australia, including introduction of technology, safety standards, restructuring, and development and implementation of an effective training culture. The training strategy will effectively target existing training resources for the industry and upskill employees in a…

  11. Forty-Five Years of Civil Litigation Against Canadian Psychiatrists: An Empirical Pilot Study

    PubMed Central

    Luther, Glen; Gutheil, Thomas G.

    2016-01-01

    Objectives: To extract the themes pertaining to prudent psychiatric practice from written court judgments in Canada. Methods: We searched the medical and legal literature for cases involving civil litigation against Canadian psychiatrist and reviewed all available written judgments. We completed a thematic analysis of the civil actions against psychiatrists as conveyed by those written court judgments. We classified the cases according to the disposal status and the essential lessons from the decisions on standard of care and practice by Canadian psychiatrists. Results: Forty such cases were identified as involving psychiatrists over a 45-year period. A subgroup included those dealing with limitation periods and disclosure applications. Thirty of the 40 cases (75%) were decided in favour of the defendant psychiatrists, including 2 dismissed for running over the limitation period. The cases that actually went to trial suggest that documentation and obtaining second opinions are protective against claims of negligence. Inpatient cases resulting in successful litigation against psychiatrists involved fatal outcomes, but not all fatal outcomes led to successful litigation. Conclusions: The key lessons from these cases are the importance and relevance of regular best clinical practices, such as documentation, obtaining second opinions, following guidelines, and balancing competencies in the expert and manager or advocate roles. Incorporating these practices should allay concerns about litigation against psychiatrists. PMID:27253702

  12. Forty-Five Years of Civil Litigation Against Canadian Psychiatrists: An Empirical Pilot Study.

    PubMed

    Mela, Mansfield; Luther, Glen; Gutheil, Thomas G

    2016-02-01

    To extract the themes pertaining to prudent psychiatric practice from written court judgments in Canada. We searched the medical and legal literature for cases involving civil litigation against Canadian psychiatrist and reviewed all available written judgments. We completed a thematic analysis of the civil actions against psychiatrists as conveyed by those written court judgments. We classified the cases according to the disposal status and the essential lessons from the decisions on standard of care and practice by Canadian psychiatrists. Forty such cases were identified as involving psychiatrists over a 45-year period. A subgroup included those dealing with limitation periods and disclosure applications. Thirty of the 40 cases (75%) were decided in favour of the defendant psychiatrists, including 2 dismissed for running over the limitation period. The cases that actually went to trial suggest that documentation and obtaining second opinions are protective against claims of negligence. Inpatient cases resulting in successful litigation against psychiatrists involved fatal outcomes, but not all fatal outcomes led to successful litigation. The key lessons from these cases are the importance and relevance of regular best clinical practices, such as documentation, obtaining second opinions, following guidelines, and balancing competencies in the expert and manager or advocate roles. Incorporating these practices should allay concerns about litigation against psychiatrists. © The Author(s) 2015.

  13. Availability of Litigation as a Public Health Tool for Firearm Injury Prevention: Comparison of Guns, Vaccines, and Motor Vehicles

    PubMed Central

    Vernick, Jon S.; Rutkow, Lainie; Salmon, Daniel A.

    2007-01-01

    The Protection of Lawful Commerce in Arms Act (PLCAA), enacted in 2005, grants the firearm industry broad immunity from liability. The PLCAA not only prevents most people from receiving compensation for their firearm-related injuries, it erodes litigation’s ability to serve its public health role of providing manufacturers with a financial incentive to make their products safer. When the viability of the vaccine industry was threatened in the 1980s, Congress provided limited protection from liability and also established the Vaccine Injury Compensation Program. The liability of nearly all other products, for example motor vehicles, is governed by traditional common law principles. The absence of both litigation and product safety rules for firearms is a potentially dangerous combination for the public’s health. PMID:17901450

  14. Plagiarism Litigation Trends in the USA and Australia

    ERIC Educational Resources Information Center

    Mawdsley, Ralph D.; Cumming, J. Joy

    2008-01-01

    In this article we explore the increasing complexity of plagiarism litigation in the USA and Australia. Plagiarism has always been a serious academic issue and academic staff and students have wrestled with its definition and appropriate penalties for some time. However, the advent of the Internet and more freely accessible information resources,…

  15. [Health maintenance strategy for construction industry workers].

    PubMed

    Perminova, I Iu; Logvinenko, I I

    2011-01-01

    The authors analyzed work conditions and health state of workers engaged into construction industry in Kemerovo city. Findings are that complex approach to carrying out the strategy "Health for all in XXI century" causes health preservation.

  16. Teaching Civil Procedure with the Aid of Local Tort Litigation.

    ERIC Educational Resources Information Center

    Anderson, Lloyd C.; Kirkwood, Charles E.

    1987-01-01

    A course in civil procedure using local tort litigation and classroom simulation of the trial has been enthusiastically recevied by students and useful in teaching appropriate procedure, sequencing, questioning, and professional cooperation. (MSE)

  17. Supplanting the Venom of Litigation with Alternative Dispute Resolution: The Role of Counsellors and Guidance Professionals

    ERIC Educational Resources Information Center

    Udoh, Nsisong Anthony; Sanni, Kudirat Bimbo

    2015-01-01

    This literature review attempts to interface counselling with alternative legal practice. The authors proceed by contrasting the adversarial nature of litigation with the conciliatory nature of alternative dispute resolution (ADR) with a view to encouraging seekers of dispute resolution to opt for ADR in lieu of litigation. The paper discusses the…

  18. Implementation of a publication strategy in the context of reporting biases. A case study based on new documents from Neurontin® litigation

    PubMed Central

    2012-01-01

    Background Previous studies have documented strategies to promote off-label use of drugs using journal publications and other means. Few studies have presented internal company communications that discussed financial reasons for manipulating the scholarly record related to off-label indications. The objective of this study was to build on previous studies to illustrate implementation of a publication strategy by the drug manufacturer for four off-label uses of gabapentin (Neurontin®, Pfizer, Inc.): migraine prophylaxis, treatment of bipolar disorders, neuropathic pain, and nociceptive pain. Methods We included in this study internal company documents, email correspondence, memoranda, study protocols and reports that were made publicly available in 2008 as part of litigation brought by consumers and health insurers against Pfizer for fraudulent sales practices in its marketing of gabapentin (see http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=saris/pdf/ucl%20opinion.pdf for the Court’s findings). We reviewed documents pertaining to 20 clinical trials, 12 of which were published. We categorized our observations related to reporting biases and linked them with topics covered in internal documents, that is, deciding what should and should not be published and how to spin the study findings (re-framing study results to explain away unfavorable findings or to emphasize favorable findings); and where and when findings should be published and by whom. Results We present extracts from internal company marketing assessments recommending that Pfizer and Parke-Davis (Pfizer acquired Parke-Davis in 2000) adopt a publication strategy to conduct trials and disseminate trial findings for unapproved uses rather than an indication strategy to obtain regulatory approval. We show internal company email correspondence and documents revealing how publication content was influenced and spin was applied; how the company selected where trial findings would be presented or

  19. Industrial waste recycling strategies optimization problem: mixed integer programming model and heuristics

    NASA Astrophysics Data System (ADS)

    Tang, Jiafu; Liu, Yang; Fung, Richard; Luo, Xinggang

    2008-12-01

    Manufacturers have a legal accountability to deal with industrial waste generated from their production processes in order to avoid pollution. Along with advances in waste recovery techniques, manufacturers may adopt various recycling strategies in dealing with industrial waste. With reuse strategies and technologies, byproducts or wastes will be returned to production processes in the iron and steel industry, and some waste can be recycled back to base material for reuse in other industries. This article focuses on a recovery strategies optimization problem for a typical class of industrial waste recycling process in order to maximize profit. There are multiple strategies for waste recycling available to generate multiple byproducts; these byproducts are then further transformed into several types of chemical products via different production patterns. A mixed integer programming model is developed to determine which recycling strategy and which production pattern should be selected with what quantity of chemical products corresponding to this strategy and pattern in order to yield maximum marginal profits. The sales profits of chemical products and the set-up costs of these strategies, patterns and operation costs of production are considered. A simulated annealing (SA) based heuristic algorithm is developed to solve the problem. Finally, an experiment is designed to verify the effectiveness and feasibility of the proposed method. By comparing a single strategy to multiple strategies in an example, it is shown that the total sales profit of chemical products can be increased by around 25% through the simultaneous use of multiple strategies. This illustrates the superiority of combinatorial multiple strategies. Furthermore, the effects of the model parameters on profit are discussed to help manufacturers organize their waste recycling network.

  20. Cleft Lip and Cleft Palate Surgery: Malpractice Litigation Outcomes.

    PubMed

    Justin, Grant A; Brietzke, Scott E

    2017-01-01

      This study examined malpractice claims related to cleft lip and cleft palate surgery to identify common allegations and injuries and reviewed financial outcomes.   The WestlawNext legal database was analyzed for all malpractice lawsuits and settlements related to the surgical repair of cleft lip and palate.   Inclusion criteria included patients undergoing surgical repair of a primary cleft lip or palate or revision for complications of previous surgery. Data evaluated included patient demographics, type of operation performed, plaintiff allegation, nature of injury, and litigation outcomes.   A total of 36 cases were identified, with 12 unique cases from 1981 to 2006 meeting the inclusion criteria. Six cases (50%) were decided by a jury and six by settlement. Five cases involved complications related to the specific surgery, and the other seven were associated with any surgery and perioperative care of children and adults. Cleft palate repair (50%) was the most frequently litigated surgery. Postoperative negligent supervision was the most common allegation (42%) and resulted in a payout in each case (mean = $3,126,032). Death (42%) and brain injury (25%) were the most frequent injuries reported. Financial awards were made in nine cases (after adjusting for inflation, mean = $2,470,552, range = $0 to $7,704,585). The awards were significantly larger for brain injury than other outcomes ($4,675,395 versus $1,368,131 after adjusting for inflation, P = .0101).   Malpractice litigation regarding cleft lip and palate surgery is uncommon. However, significant financial awards involving perioperative brain injury have been reported.

  1. Influencing factors leading to malpractice litigation in radical prostatectomy.

    PubMed

    Colaco, Marc; Sandberg, Jason; Badlani, Gopal

    2014-06-01

    The litigious nature of the medical-legal environment is a major concern for American physicians with an estimated cost of $10 billion. In this study we identify the causes of litigation in cases of radical prostatectomy as well as the factors that contribute to verdicts or settlements resulting in indemnity payments. Publicly available verdict reports were recorded using the Westlaw® legal database. To identify pertinent cases we used the search terms "medical malpractice" and "prostate" or "prostatectomy" with dates ranging from 2000 to 2013. Cases were evaluated for alleged cause of malpractice, resulting injury, findings and indemnity payment (if any). The database search yielded 222 cases, with 25 being relevant to radical prostatectomy. Of these cases 24.0% were settled out of court and the remaining 76.0% went to trial. Of those cases that went to trial 20.8% saw patients awarded damages. There was no significant difference in awards between verdict and settlement. Overall 36.0% of patients claimed that they did not receive proper informed consent and 16.0% claimed that the surgery was not the proper standard of care. Thirteen of the cases claimed negligence in the performance of the surgery with the bulk of these claims being the result of rectal perforation. The main issues that arise in radical prostatectomy malpractice litigation are those of informed consent and clinical performance. Comprehensive preoperative counseling, when combined with proper surgical technique, may minimize the impact of litigation. Copyright © 2014 American Urological Association Education and Research, Inc. Published by Elsevier Inc. All rights reserved.

  2. Does litigation increase or decrease health care quality?: a national study of negligence claims against nursing homes.

    PubMed

    Stevenson, David G; Spittal, Matthew J; Studdert, David M

    2013-05-01

    The tort system is supposed to help improve the quality and safety of health care, but whether it actually does so is controversial. Most previous studies modeling the effect of negligence litigation on quality of care are ecologic. To assess whether the experience of being sued and incurring litigation costs affects the quality of care subsequently delivered in nursing homes. We linked information on 6471 negligence claims brought against 1514 nursing homes between 1998 and 2010 to indicators of nursing home quality drawn from 2 US national datasets (Online Survey, Certification, and Reporting system; Minimum Data Set Quality Measure/Indicator Reports). At the facility level, we tested for associations between 9 quality measures and 3 variables indicating the nursing homes' litigation experience in the preceding 12-18 months (total indemnity payments; total indemnity payments plus administrative costs; ≥ 1 paid claims vs. none). The analyses adjusted for quality at baseline, case-mix, ownership, occupancy, year, and facility and state random effects. Nearly all combinations of the 3 litigation exposure measures and 9 quality measures--27 models in all--showed an inverse relationship between litigation costs and quality. However, only a few of these associations were statistically significant, and the effect sizes were very small. For example, a doubling of indemnity payments was associated with a 1.1% increase in the number of deficiencies and a 2.2% increase in pressure ulcer rates. Tort litigation does not increase the quality performance of nursing homes, and may decrease it slightly.

  3. Does litigation increase or decrease health care quality? A national study of negligence claims against nursing homes

    PubMed Central

    Stevenson, David G.; Spittal, Matthew J.; Studdert, David M.

    2016-01-01

    Background The tort system is supposed to help improve the quality and safety of health care, but whether it actually does so is controversial. Most previous studies modeling the effect of negligence litigation on quality of care are ecologic. Objective To assess whether the experience of being sued and incurring litigation costs affects the quality of care subsequently delivered in nursing homes. Research Design, Subjects, Measures We linked information on 6,471 negligence claims brought against 1,514 nursing homes between 1998 and 2010 to indicators of nursing home quality drawn from two U.S. national datasets (Online Survey, Certification, and Reporting system; Minimum Data Set Quality Measure/Indicator Reports). At the facility level, we tested for associations between 9 quality measures and 3 variables indicating the nursing homes’ litigation experience in the preceding 12–18 months (total indemnity payments; total indemnity payments plus administrative costs; ≥1 paid claims vs. none). The analyses adjusted for quality at baseline, case-mix, ownership, occupancy, year, and facility and state random effects. Results Nearly all combinations of the 3 litigation exposure measures and 9 quality measures—27 models in all—showed an inverse relationship between litigation costs and quality. However only a few of these associations were statistically significant, and the effect sizes were very small. For example, a doubling of indemnity payments was associated with a 1.1% increase in the number of deficiencies and a 2.2% increase in pressure ulcer rates. Conclusions Tort litigation does not increase the quality performance of nursing homes, and may decrease it slightly. PMID:23552438

  4. MMPI-2-RF Characteristics of Custody Evaluation Litigants

    ERIC Educational Resources Information Center

    Archer, Elizabeth M.; Hagan, Leigh D.; Mason, Janelle; Handel, Richard; Archer, Robert P.

    2012-01-01

    The Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) is a 338-item objective self-report measure drawn from the 567 items of the MMPI-2. Although there is a substantial MMPI-2 literature regarding child custody litigants, there has been only one previously published study using MMPI-2-RF data in this population that…

  5. Evolutionary engineering of industrial microorganisms-strategies and applications.

    PubMed

    Zhu, Zhengming; Zhang, Juan; Ji, Xiaomei; Fang, Zhen; Wu, Zhimeng; Chen, Jian; Du, Guocheng

    2018-06-01

    Microbial cells have been widely used in the industry to obtain various biochemical products, and evolutionary engineering is a common method in biological research to improve their traits, such as high environmental tolerance and improvement of product yield. To obtain better integrate functions of microbial cells, evolutionary engineering combined with other biotechnologies have attracted more attention in recent years. Classical laboratory evolution has been proven effective to letting more beneficial mutations occur in different genes but also has some inherent limitations such as a long evolutionary period and uncontrolled mutation frequencies. However, recent studies showed that some new strategies may gradually overcome these limitations. In this review, we summarize the evolutionary strategies commonly used in industrial microorganisms and discuss the combination of evolutionary engineering with other biotechnologies such as systems biology and inverse metabolic engineering. Finally, we prospect the importance and application prospect of evolutionary engineering as a powerful tool especially in optimization of industrial microbial cell factories.

  6. Refractive Surgery: Malpractice Litigation Outcomes.

    PubMed

    Custer, Benjamin L; Ballard, Steven R; Carroll, Robert B; Barnes, Scott D; Justin, Grant A

    2017-10-01

    To review data on malpractice claims related to refractive surgery to identify common allegations and injuries and financial outcomes. The WestlawNext database was reviewed for all malpractice lawsuits/settlements related to refractive eye surgery. Data evaluated included patient demographics, type of operation performed, plaintiff allegation, nature of injury, and litigation outcomes. A total of 167 cases met the inclusion criteria, of which 108 cases (64.7%) were found to be favorable and 59 cases (35.3%) unfavorable to the defendant. A total of 141 cases were tried by a jury with 108 cases (76.4%) favorable and 33 cases (23.6%) unfavorable to the defendant. Laser in situ keratomileusis was performed in 127 cases (76%). The most common allegations were negligence in treatment or surgery in 127 cases (76%) and lack of informed consent in 83 cases (49.7%). For all cases, the need for future surgery (P = 0.0001) and surgery resulting in keratoconus (P = 0.05) were more likely to favor the plaintiff. In jury verdict decisions, cases in which failure to diagnose a preoperative condition was alleged favored the defendant (P = 0.03), whereas machine malfunction (P = 0.05) favored the plaintiff. After adjustment for inflation, the overall mean award was $1,287,872. Jury verdicts and settlements led to mean awards of $1,604,801 and $826,883, respectively. Malpractice litigation in refractive surgery tends to favor the defendant. However, large awards and settlements were given in cases that were favorable to the plaintiff. The need for future surgery and surgery leading to keratoconus increased the chance of an unfavorable outcome.

  7. The Expected Net Present Value of Developing Weight Management Drugs in the Context of Drug Safety Litigation.

    PubMed

    Chawla, Anita; Carls, Ginger; Deng, Edmund; Tuttle, Edward

    2015-07-01

    Following withdrawals, failures, and significant litigation settlements, drug product launches in the anti-obesity category slowed despite a large and growing unmet need. Litigation concerns, a more risk-averse regulatory policy, and the difficulty of developing a product with a compelling risk-benefit profile in this category may have limited innovators' expected return on investment and restricted investment in this therapeutic area. The objective of the study was to estimate perceived manufacturer risk associated with product safety litigation and increased development costs vs. revenue expectations on anticipated return on investment and to determine which scenarios might change a manufacturer's investment decision. Expected net present value of a weight-management drug entering pre-clinical trials was calculated for a range of scenarios representing evolving expectations of development costs, revenue, and litigation risk over the past 25 years. These three factors were based on published estimates, historical data, and analogs from other therapeutic areas. The main driver in expected net present value calculations is expected revenue, particularly if one assumes that litigation risk and demand are positively correlated. Changes in development costs associated with increased regulatory concern with potential safety issues for the past 25 years likely did not impact investment decisions. Regulatory policy and litigation risk both played a role in anti-obesity drug development; however, product revenue-reflecting efficacy at acceptable levels of safety-was by far the most important factor. To date, relatively modest sales associated with recent product introductions suggest that developing a product that is sufficiently efficacious with an acceptable level of safety continues to be the primary challenge in this market.

  8. A phenomenological study of the effects of clinical negligence litigation on midwives in England: the personal perspective.

    PubMed

    Robertson, Judith H; Thomson, Ann M

    2014-03-01

    to explore how midwives' personal involvement in clinical negligence litigation affects their emotional and psychological well-being. descriptive phenomenological study using semi-structured interviews. in-depth interviews were conducted in participants' homes or at their place of work and focused on participants' experience of litigation. Participants were recruited from various regions of England. 22 National Health Service (NHS) midwives who had been alleged negligent. unfamiliarity with the legal process when writing statements, attending case conferences and being a witness in court provoked significant stress for midwives. This was exacerbated by the prolonged nature of maternity claims. Support ranged from good to inadequate. Participants who no longer worked for the defendant Trust felt unsupported. Stress could manifest as physical and mental ill-health. Some midwives internalised the allegations of negligence believing their whole career had become worthless. Previous knowledge of the legal process ameliorated the experience. Midwives also exhibited anger and resentment when litigation concluded and some took years to heal from the experience. midwives come from a caring and relational paradigm. When interfacing with the adversarial and contentious paradigm of tort law, midwives can abreact and suffer emotional, physical and psychological harm. Support for midwives experiencing litigation must be improved. Understanding the effects of personal involvement in litigation is important in order to improve the quality of support for this group of midwives. It will also aid development of targeted education for undergraduate, post-graduate and in-service midwives. In the longer term it may help policy makers when considering reform of clinical negligence litigation and NHS employers to structure support mechanisms for staff involved. Copyright © 2013 Elsevier Ltd. All rights reserved.

  9. The politics and strategy of industry self-regulation: the pharmaceutical industry's principles for ethical direct-to-consumer advertising as a deceptive blocking strategy.

    PubMed

    Arnold, Denis G; Oakley, James L

    2013-06-01

    As the pharmaceutical industry lobbies European regulators to permit direct-to-consumer advertising (DTCA) of prescription drugs in the European Union, we found that five leading companies violated industry-developed and -promulgated standards for ethical advertising in the United States. Utilizing multiple data sources and methods, we demonstrate a consistent failure by companies that market erectile dysfunction drugs to comply with the industry's guiding principles for ethical DTCA over a four-year period despite pledges of compliance by company leaders. Noncompliance resulted in children being exposed to sexually themed promotional messages more than 100 billion times. We argue that the guidelines are a coordinated effort by the industry to prevent unwanted federal regulation, and we introduce the concept of a blocking strategy to explain company behavior and to advance theoretical understanding of firms' public affairs strategies. We recommend policy responses to prevent deceptive practices, protect children from adult content, and promote genuine health care education.

  10. Bridging Troubled Waters: Historians, Natural Resource Litigation, and the Expert Witness Phenomenon.

    PubMed

    Brescia, Michael M

    2015-02-01

    This special issue of The Public Historian examines the nature and scope of the historian's role as a consultant and expert witness in natural resource litigation. The introductory essay identifies the major issues and challenges that historians face when they bring their knowledge, skills, and professional best standards into law offices and courtrooms, while also positing a conceptual framework for public history practitioners to better understand and appreciate the larger stakes in conducting research for environmental litigation. The author delineates his own experience as an expert in certain water rights cases in the American Southwest where knowledge of the Spanish and Mexican civil law of property is essential.

  11. Educational Adequacy Litigation in the American South: 1973-2009

    ERIC Educational Resources Information Center

    Dishman, Mike; Redish, Traci

    2010-01-01

    Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

  12. A Guide to Public Engagement and School Finance Litigation

    ERIC Educational Resources Information Center

    Zhang, Julia

    2008-01-01

    Lawsuits challenging the constitutionality of public education funding systems are currently underway in 21 states. Litigation represents an opportunity to restructure the ways in which public education is financed, expanded, and delivered to children across the country. Public engagement plays a uniquely important role to ensure real improvement…

  13. Unattractive consequences: litigation from facial dermabrasion and chemical peels.

    PubMed

    Svider, Peter F; Jiron, Jose; Zuliani, Giancarlo; Shkoukani, Mahdi A; Folbe, Adam J; Carron, Michael

    2014-11-01

    Facial dermabrasion and chemical peel are common cosmetic procedures that are generally safe yet do possess inherent risks. The patient's expectations, formed well in advance of treatment, strongly correlate with overall satisfaction. The authors reviewed and analyzed litigation related to the performance of facial dermabrasion and chemical peel. The authors searched the WestlawNext legal database for relevant litigation and examined factors such as allegations raised, patient demographics, defendant specialties, final outcomes, and payments. Proceedings from 25 cases were analyzed, involving 22 female and 2 male plaintiffs; in 1 case, sex was not specified. Sixteen cases (64%) resulted in a decision for the defendant and 9 (36%) were resolved with payments. The median difference between out-of-court settlements (median, $940 000) and jury-awarded damages (median, $535 000) was not statistically significant. Factors raised in litigation included poor cosmetic outcome (80%), alleged intratreatment negligence (68%), permanent injury (64%), informed-consent deficits (60%), emotional/psychological injury (44%), posttreatment negligence (32%), and the need for additional treatment/surgery (32%). Out-of-court settlements and jury-awarded damages were considerable in cases where physicians practicing various (or multiple) specialties were named as defendants. These findings emphasize the need for physicians to thoroughly document potential complications prior to treatment, during the informed-consent process. Additionally, general considerations should be taken into account, such as patient expectations and the potential need for other procedures, which may enhance pretreatment communication and ultimately minimize liability. Finally, it is important to stress that physicians may be held liable for procedures performed by nonphysician ancillary staff. © 2014 The American Society for Aesthetic Plastic Surgery, Inc.

  14. They would if they could: class, gender, and popular representation of English divorce litigation, 1858-1908.

    PubMed

    Savage, Gail

    2011-01-01

    A systematic sample of the petitions presented to the English Divorce Court from 1858 through 1908 makes it possible to assess the differential contribution of discrete social and economic subgroups to the litigation the Court oversaw. An examination of four of these -- the titled aristocracy, those employed in the theater, those in receipt of financial aid, and laborers -- shows that English divorce litigants exhibited a broader social profile than commonly attributed to it by the newspaper coverage of divorce litigation, which gave a skewed impression of its social profile. Analysis of these cases underscores the gendered, class, and geographically inflected demand for divorce in a judicial setting that imposed severe restrictions on access to divorce as a remedy for marital breakdown.

  15. The Use of Demographic Data in Voting Rights Litigation.

    ERIC Educational Resources Information Center

    O'Hare, William

    1991-01-01

    Issues demographic experts face concerning voting rights litigation are considered, using examples from Garza v County of Los Angeles (California) (1990). Errors and the age of census figures when released mean that court decisions about appropriate population bases and thresholds will continue to vary from one location to another. (SLD)

  16. Strategies for development of industrial wastewater reuse in Thailand.

    PubMed

    Visvanathan, C; Cippe, A

    2001-01-01

    Majority of the industrial activities in Thailand are concentrated around Bangkok Metropolitan Area. The ever increasing industrial activities have led to over exploitation of water resources and discharge of significant pollution load. Therefore, it is important to identify the wastewater reuse potentials and develop strategies for its promotion within the industrial sector. Although technological advances have made it possible to treat effluents for industrial re-use, in practice, the Thai industries do lack in implementation of such technologies. Promotion of cleaner production concepts and advanced new technologies such as membrane technologies could assist the industry for the implementation of wastewater reuse projects in Thailand. This paper discusses various technical, institutional and management related issues to promote industrial wastewater reuse, with few case studies.

  17. The impact of strategic funding by the tobacco industry of medical expert witnesses appearing for the defence in the Aho Finnish product liability case.

    PubMed

    Hiilamo, Heikki T

    2007-06-01

    To identify and evaluate tobacco industry strategies to recruit medical expert witnesses. A systematic search was made of internal tobacco industry documents available on the Internet and at British American Tobacco Guildford Depository. Litigation by a plaintiff with laryngeal cancer against the tobacco industry in Finland was used as a case study of tobacco industry strategies to manipulate science and its use and deployment in defending a product liability claim. Thirty-three of 45 medical expert witnesses for the defence received research funding before or after testifying. One strategy was to employ those scientists as witnesses with whom the industry had worked since the 1960s. The older witnesses testified to the existence of a controversy which they had, in fact, helped to create. Those appearing in Helsinki District court apparently downplayed the importance of their involvement with the industry. Another strategy was the use of research funding to establish contacts with new potential witnesses, to strengthen existing contacts or to pay back helpful experts. The tobacco industry funded the majority of expert witnesses appearing for it, beyond simple recompense for the time involved. This may have unconsciously influenced the testimony given by the witnesses. This funding should be considered in court, but links between experts and the industry were often downplayed or, in some cases, the financial ties were being forged at the time and were not revealed. It would be helpful to establish norms to guide courts to understand the influences exerted by the tobacco industry in the preparation of cases requiring expert evidence.

  18. Analysis of Product Distribution Strategy in Digital Publishing Industry Based on Game-Theory

    NASA Astrophysics Data System (ADS)

    Xu, Li-ping; Chen, Haiyan

    2017-04-01

    The digital publishing output increased significantly year by year. It has been the most vigorous point of economic growth and has been more important to press and publication industry. Its distribution channel has been diversified, which is different from the traditional industry. A deep research has been done in digital publishing industry, for making clear of the constitution of the industry chain and establishing the model of industry chain. The cooperative and competitive relationship between different distribution channels have been analyzed basing on a game-theory. By comparing the distribution quantity and the market size between the static distribution strategy and dynamic distribution strategy, we get the theory evidence about how to choose the distribution strategy to get the optimal benefit.

  19. 48 CFR 252.204-7013 - Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offerors.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... this provision: Computer software, litigation information, litigation support, sensitive information, and technical data, are defined in the clause at DFARS 252.204-7014, Limitations on the Use or... Offeror, and against any person to whom the Offeror has released or disclosed such data or software, for...

  20. Comparison of advertising strategies between the indoor tanning and tobacco industries.

    PubMed

    Greenman, Jennifer; Jones, David A

    2010-04-01

    The indoor tanning industry is large and continues to grow, with 2007 domestic sales in excess of $5 billion. Advertising is central to shaping the consumer's perception of indoor tanning as well as driving industry demand. This article aims to identify key drivers of consumer appeal by comparing tanning advertising strategies to those used by tobacco marketers. Tobacco advertising was selected as a reference framework because it is both well documented and designed to promote a product with known health hazards. Two thousand advertisements from 4 large tobacco advertisement databases were analyzed for type of advertisement strategy used, and 4 advertising method categories were devised to incorporate the maximum number of advertisements reviewed. Subsequently, contemporary tanning advertisements were collected from industry magazines and salon websites and evaluated relative to the identified strategy profiles. Both industries have relied on similar advertising strategies, including mitigating health concerns, appealing to a sense of social acceptance, emphasizing psychotropic effects, and targeting specific population segments. This examination is a small observational study, which was conducted without rigorous statistical analysis, and which is limited both by the number of advertisements and by advertising strategies examined. Given the strong parallels between tobacco and tanning advertising methodologies, further consumer education and investigation into the public health risks of indoor tanning is needed. Copyright 2009 American Academy of Dermatology, Inc. Published by Mosby, Inc. All rights reserved.

  1. 75 FR 30106 - Terrorism Risk Insurance Program; Litigation Management Submissions

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-05-28

    ... DEPARTMENT OF THE TREASURY Terrorism Risk Insurance Program; Litigation Management Submissions... U.S.C. 3506(c)(2)(A)). Currently, the Terrorism Risk Insurance Program Office is seeking comments... or by mail (if hard copy, preferably an original and two copies) to: Terrorism Risk Insurance Program...

  2. 28 CFR 51.19 - Request for notification concerning voting litigation.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... voting litigation. 51.19 Section 51.19 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED General... to notify the Chief, Voting Section, Civil Rights Division, at the addresses, telefacsimile number...

  3. Constructing Learning: Adversarial and Collaborative Working in the British Construction Industry

    ERIC Educational Resources Information Center

    Bishop, Dan; Felstead, Alan; Fuller, Alison; Jewson, Nick; Unwin, Lorna; Kakavelakis, Konstantinos

    2009-01-01

    This paper examines two competing systems of work organisation in the British construction industry and their consequences for learning. Under the traditional "adversarial" system, conflict, hostility and litigation between contractors are commonplace. Such a climate actively militates against collective learning and knowledge sharing between…

  4. Containing diffusion: the tobacco industry's multipronged trade strategy to block tobacco standardised packaging.

    PubMed

    Crosbie, Eric; Eckford, Robert; Bialous, Stella

    2018-04-21

    To analyse the tobacco industry's strategy of using trade and investment agreements to prevent the global diffusion of standardised packaging (SP) of tobacco products. Review of tobacco industry documents, relevant government documents and media items. The data were triangulated and thematically analysed. Internal tobacco industry documents reveal that during the early 1990s, tobacco companies developed a multipronged trade strategy to prevent the global diffusion of progressive tobacco packaging and labelling proposals, including SP. This strategy consisted of (1) framing the health issue in terms of trade and investment, (2) detailing alleged legal violations concerning trade barriers, intellectual property and investment rights, (3) threatening legal suits and reputational damage, and (4) garnering third-party support. These efforts helped delay SP until 2010 when Australia became the first country to reintroduce SP proposals, followed by governments in the UK and New Zealand in 2012, Ireland in 2013 and France in 2014. Review of government documents and media sources in each of the five countries indicate the industry continues to employ this multipronged strategy throughout the SP policy's progression. Although this strategy is tailored towards each domestic context, the overall tobacco industry's trade strategy remains consistently focused on shifting the attention away from public health and towards the realm of trade and investment with more corporate-friendly allies. Governments seeking to implement SP need to be prepared to resist and counter the industry's multipronged trade strategy by avoiding trade diversions, exposing false industry legal and reputational claims, and monitoring third-party support. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2018. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

  5. Rollout Strategy to Implement Interoperable Traceability in the Seafood Industry.

    PubMed

    Gooch, Martin; Dent, Benjamin; Sylvia, Gilbert; Cusack, Christopher

    2017-08-01

    Verifying the accuracy and rigor of data exchanged within and between businesses for the purposes of traceability rests on the existence of effective and efficient interoperable information systems that meet users' needs. Interoperability, particularly given the complexities intrinsic to the seafood industry, requires that the systems used by businesses operating along the supply chain share a common technology architecture that is robust, resilient, and evolves as industry needs change. Technology architectures are developed through engaging industry stakeholders in understanding why an architecture is required, the benefits provided to the industry and individual businesses and supply chains, and how the architecture will translate into practical results. This article begins by reiterating the benefits that the global seafood industry can capture by implementing interoperable chain-length traceability and the reason for basing the architecture on a peer-to-peer networked database concept versus more traditional centralized or linear approaches. A summary of capabilities that already exist within the seafood industry that the proposed architecture uses is discussed; and a strategy for implementing the architecture is presented. The 6-step strategy is presented in the form of a critical path. © 2017 Institute of Food Technologists®.

  6. 75 FR 7441 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-02-19

    ... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Panther Party Litigation and enforcement of Section 11(b) of the Voting Rights Act. The Commission is...

  7. 75 FR 1751 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-13

    ... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Panther Party Litigation and enforcement of Section 11(b) of the Voting Rights Act. The Commission is...

  8. Endodontics and litigation: an American perspective.

    PubMed

    Cohen, S C

    1989-03-01

    Dentists can reduce the risk of legal entanglements following endodontic treatment. Dentists should not fail to meet the standard of care required at one or more of the several stages in endodontic treatment: at diagnosis, in record keeping, by accidentally treating the wrong tooth, by not using rubber dam, by breaking endodontic instruments in the root canal, by using inappropriate endodontic implants, by creating root perforations, by failing to give adequate instructions for home care and by not providing emergency care. Recognition of problems likely to rise to litigation and the methods to be used in their avoidance are emphasized.

  9. 28 CFR 51.19 - Request for notification concerning voting litigation.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... voting litigation. 51.19 Section 51.19 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED General... promptly to notify the Chief, Voting Section, Civil Rights Division, Department of Justice, P.O. Box 66128...

  10. 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.

  11. Closed medical negligence claims can drive patient safety and reduce litigation.

    PubMed

    Pegalis, Steven E; Bal, B Sonny

    2012-05-01

    Medical liability reform is viewed by many physician groups as a means of reducing medical malpractice litigation and lowering healthcare costs. However, alternative approaches such as closed medical negligence claims data may also achieve these goals. We asked whether information gleaned from closed claims related to medical negligence could promote patient safety and reduce costs related to medical liability. Specifically, we investigated whether physician groups have examined such data to identify error patterns and to then institute specific patient treatment protocols. We searched for medical societies that have systematically examined closed medical negligence claims in their specialty to develop specific standards of physician conduct. We then searched the medical literature for published evidence of the efficacy, if any, related to the patient safety measures thus developed. Anesthesia and obstetric physician societies have successfully targeted costs and related concerns arising from medical malpractice lawsuits by using data from closed claims to develop patient safety and treatment guidelines. In both specialties, after institution of safety measures derived from closed medical negligence claims, the incidence and costs related to medical malpractice decreased and physician satisfaction improved. Tort reform, in the form of legislatively prescribed limits on damages arising from lawsuits, is not the only means of addressing the incidence and costs related to medical malpractice litigation. As the experience of anesthesia and obstetric physicians has demonstrated, safety guidelines derived from analyzing past medical malpractice litigation can achieve the same goals while also promoting patient safety.

  12. 28 CFR 0.65a - Litigation involving Environmental Protection Agency.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... DEPARTMENT OF JUSTICE Environment and Natural Resources Division § 0.65a Litigation involving Environmental Protection Agency. With respect to any matter assigned to the Environment and Natural Resources Division in... Environment and Natural Resources Division, and such members of his staff as he may specifically designate in...

  13. Developing business strategies using SWOT analysis in a color crackers industry

    NASA Astrophysics Data System (ADS)

    Budiman, I.; Tarigan, U. P. P.; Mardhatillah, A.; Sembiring, A. C.; Teddy, W.

    2018-04-01

    This research was conducted in color crackers industry in Indonesia. Color crackers are snacks colored in red and white, found as additional in many Indonesian traditional foods. The used traditional business strategies are not appropriate for the market condition in the industrial 4.0 era. The aim of this study is to develop business strategies in this market condition. This research was conducted in several steps using SWOT Analysis, weighting assessment for SWOT questions, Internal Factor Analysis Summary, External Factor Analysis Summary, and Creating SWOT Matrix. Data were collected through interviews and questionnaires with internal and external stakeholders. The result of this research is the business positioned in the first quadrant. This gives the explanation that the traditional strategies used already inappropriate with the current condition. They need to use mixed SO (Strength – Opportunity) strategies or called as the aggressive strategy to win the market competition. The developed SO strategies are: creating distribution network with the customers and utilizing renewable technology.

  14. Historians' testimony on “common knowledge” of the risks of tobacco use: a review and analysis of experts testifying on behalf of cigarette manufacturers in civil litigation

    PubMed Central

    Kyriakoudes, Louis M

    2006-01-01

    A qualitative analysis of the trial and deposition testimony of professional historians who have testified on behalf of the tobacco industry shows that defence historians present a view of past knowledge about tobacco in which the public was frequently warned that cigarettes were both deadly and addictive over the broad historical period. While defence historians testify to conducting significant levels of independent research, they also draw upon a common body of research conducted by industry counsel to support its litigation efforts. Defence historians unduly limit their research materials, ignoring industry records and, therefore, critically undermine their ability to evaluate industry activity in the smoking and health controversy as it unfolded in historical time. A consequence is that defence historians present a skewed history of the cigarette in which the tobacco industry all but ceases to exist. PMID:17130618

  15. Assessing the Role of the Courts in Addressing the Educational Problems Caused by Racial Isolation in School Finance Litigation

    ERIC Educational Resources Information Center

    Green, Preston C., III.

    2013-01-01

    Since the separate-but-equal era, students attending schools with high concentrations of Black students have attempted to improve the quality of their educations through school finance litigation. Because of the negative effects of racial isolation, Black students might consider mounting school finance litigation to force states to explicitly…

  16. [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.

  17. Second hand smoke and risk assessment: what was in it for the tobacco industry?

    PubMed Central

    Hirschhorn, N.; Bialous, S. A.

    2001-01-01

    OBJECTIVE—To describe how the tobacco industry attempted to trivialise the health risks of second hand smoke (SHS) by both questioning the science of risk assessment of low dose exposure to other environmental toxins, and by comparing SHS to such substances about which debate might still exist.
METHODS—Analysis of tobacco industry documents made public as part of the settlement of litigation in the USA (Minnesota trial and the Master Settlement Agreement) and available on the internet. Search terms included: risk assessment, low dose exposure, and the names of key players and organisations.
RESULTS/CONCLUSION—The tobacco industry developed a well coordinated, multi-pronged strategy to create doubt about research on exposure to SHS by trying to link it to the broader discussion of risk assessment of low doses of a number of toxins whose disease burden may still be a matter of scientific debate, thus trying to make SHS their equivalent; and by attempting, through third party organisations and persons, to impugn the agencies using risk assessment to establish SHS as a hazard.


Keywords: tobacco industry; risk assessment; environmental tobacco smoke; ETS; second hand smoke; SHS PMID:11740031

  18. Waterpipe industry products and marketing strategies: analysis of an industry trade exhibition

    PubMed Central

    Jawad, Mohammed; Nakkash, Rima T; Hawkins, Ben; Akl, Elie A

    2016-01-01

    Introduction Understanding product development and marketing strategies of transnational tobacco companies (TTCs) has been of vital importance in developing effective tobacco control policy. However, comparatively little is known of the waterpipe tobacco industry, which TTCs have recently entered. This study aimed to gain an understanding of waterpipe tobacco products and marketing strategies by visiting a waterpipe trade exhibition. Methods In April 2014 the first author attended an international waterpipe trade exhibition, recording descriptions of products and collecting all marketing items available. We described the purpose and function of all products, and performed a thematic analysis of messages in marketing material. Results We classified the waterpipe products into seven categories and noted product variation within categories. Electronic waterpipe products (which mimic electronic cigarettes) rarely appeared on waterpipe tobacco marketing material, but were displayed just as widely. Claims of reduced harm, safety and quality were paramount on marketing materials, regardless of whether they were promoting waterpipe tobacco, waterpipe tobacco-substitutes, electronic waterpipes or charcoal. Conclusions Waterpipe products are diverse in nature and are marketed as healthy and safe products. Furthermore, the development of electronic waterpipe products appear to be closely connected with the electronic cigarette industry, rather than the waterpipe tobacco manufacturers. Tobacco control policy must evolve to take account of the vast and expanding array of waterpipe products, and potentially also charcoal products developed for waterpipe smokers. We recommend tobacco-substitutes be classified as tobacco products. Continued surveillance of the waterpipe industry is warranted. PMID:26149455

  19. Cost-effectiveness of cervical spine clearance interventions with litigation and long-term-care implications in obtunded adult patients following blunt injury.

    PubMed

    Ertel, Audrey E; Robinson, Bryce R H; Eckman, Mark H

    2016-11-01

    Recent guidelines from the Eastern Association for the Surgery of Trauma conditionally recommend cervical collar removal after a negative cervical computed tomography in obtunded adult blunt trauma patients. Although the rates of missed injury are extremely low, the impact of chronic care costs and litigation upon decision making remains unclear. We hypothesize that the cost-effectiveness of strategies that include additional imaging may contradict current guidelines. A cost-effectiveness analysis was performed for a base-case 40-year-old, obtunded man with a negative computed tomography. Strategies compared included adjunct imaging with cervical magnetic resonance imaging (MRI), collar maintenance for 6 weeks, or removal. Data on the probability for long-term collar complications, spine injury, imaging costs, complications associated with MRI, acute and chronic care, and litigation were obtained from published and Medicare data. Outcomes were expressed as 2014 US dollars and quality-adjusted life-years. Collar removal was more effective and less costly than collar use or MRI (19.99 vs. 19.35 vs. 18.70 quality-adjusted life-years; $675,359 vs. $685,546 vs. $685,848) in the base-case analysis. When the probability of missed cervical injury was greater than 0.04 adjunct imaging with MRI dominated, however, collar removal remained cost-effective until the probability of missed injury exceeded 0.113 at which point collar removal exceeded the $50,000 threshold. Collar removal remained the most cost-effective approach until the probability of complications from collar use was reduced to less than 0.009, at which point collar maintenance became the most cost-effective strategy. Early collar removal dominates all strategies until the risk of complications from MRI positioning is reduced to 0.03 and remained cost-effective even when the probability of complication was reduced to 0. Early collar removal in obtunded adult blunt trauma patients appears to be the most effective

  20. Trend of Malpractice Litigation against Neurosurgeons in Japan: An Analysis of Disclosed Database by Courts in Japan from 2001 through 2015.

    PubMed

    Nagashima, Hisashi; Wada, Yoshitaka; Hongo, Kazuhiro

    2017-08-15

    Following the modern raising of public awareness, the numbers of malpractice litigation are increasing in the health care delivery system in Japan despite the extensive efforts of physicians. Authors reviewed the issues of litigation and the reasons for court decision from the healthcare-related negligence lawsuits in the past 15 years in Japan and investigated the cautionary points for reducing potential litigation. Healthcare-related negligence lawsuits between January 2001 and December 2015 were retrieved and sorted in each clinical field from the database in Courts in Japan and investigated on the proportional factors of the claims and court decisions in the neurosurgical field. During the period, 446 of healthcare-related court decisions including 41 against neurosurgeons (9.2%) were retrieved. Three of 41 decisions retrieved were decisions to retries for lower court decisions. In 38 claims against the neurosurgeons, 26 identified the negligence and 12 dismissed. In 26 decisions in favor of the plaintiffs, identified negligence in diagnosis in 4, clinical judgment in 3, technical skills in 5, clinical management in 7 and process of informed consent in 7. Five out of 18 decisions after 2006 were identified as negligence in an informed consent process, and additional one, who was mainly identified in inadequate technical skills also identified existing an inadequate informed consent process as a fundamental cause of litigation. Neurosurgeons are a higher risk group for malpractice litigation in Japan and adequate informed consent is important to reduce the risk of litigation.

  1. Stricter School Soda Limits Offered: Facing Lawsuit Threat, Beverage Industry Vows to Curb High-Calorie Drinks

    ERIC Educational Resources Information Center

    Samuels, Christina A.

    2006-01-01

    The soft-drink industry vowed to voluntarily curb selling sugary sodas and other high-calorie beverages in schools, a move that was taken under threat of litigation by critics who see the industry as a prime culprit in a national obesity crisis. The promise offered no guarantee that schools would go along with the restrictions, though many…

  2. Broken trusts: The Texas Attorney General versus the oil industry, 1889-1909

    NASA Astrophysics Data System (ADS)

    Singer, Jonathan Whitney

    The legal history of state antitrust enforcement and the oil industry in Texas illustrates how and why antitrust law contemplated complementary enforcement at the state and federal government level. Historians, economists, and lawyers have concentrated on federal antitrust law and enforcement, ignoring state efforts. Yet for most of the first twenty-five years following the enactment of the Sherman Antitrust Act, federal enforcement efforts were extremely limited, leaving the field to the states. Texas was one of several states that had strong antitrust laws, and whose attorneys general prosecuted antitrust violations with vigor. Political ambition was a factor in the decisions to investigate and prosecute cases against a highly visible target, the petroleum industry, but there was also a genuine belief in the goals of antitrust policy, and in the efficacy of enforcement of the laws. Enforcement efforts were also complicated by the fact that large oil companies provided vital commodities, articles of "prime necessity," to the citizens of Texas and following the discovery of large oil fields, played an increasingly important role in the economies of many Texas communities. The Texas Attorney General's antitrust enforcement efforts against the oil industry in this time of transition from an agricultural society to an industrial society provide insights into the litigation process, and reveal how well the rhetoric of trust-busting fit with the reality of antitrust enforcement. The antitrust crusade against the petroleum industry also highlights the changing roles of state government in the late nineteenth and early twentieth centuries, particularly the Attorney General's Department. The experience of Texas undermines the view that federal action has always dominated antitrust enforcement efforts and that antitrust litigation against Standard Oil was ineffective and ineffectual. Rather, the Texas Attorney General's litigations and their results suggest that some states

  3. IMPACT OF HEALTH TECHNOLOGY ASSESSMENT IN LITIGATION CONCERNING ACCESS TO HIGH-COST DRUGS.

    PubMed

    Aleman, Alicia; Perez Galan, Ana

    2017-01-01

    The impact of health technology assessment (HTA) in the judicialization of the right of health has not been deeply studied in Latin American countries. The purpose of this study is to review the process of judicialization of the access to high cost drugs in Uruguay and assess the impact HTAs have had on this process. The methodology used for this study included a comprehensive literature search in electronic databases, local journals, internal documents developed in the Ministry of Health, as well as conducting interviews with key informants. Judicialization of the access of high cost drugs has been increasing since 2010. The strategy of the Ministry of Health of Uruguay to decrease this problem included the organization of roundtables with judges and other stakeholders on the basis of HTA, the training of defense lawyers in the use and interpretation of HTA, and the participation of a professional who develops HTA in the preparation of the defense arguments. A year after the implementation of this strategy, 25 percent of writs of protection were won by the Ministry of Health. Even though the strategy implemented was effective in reducing the loss of litigations, it was not effective in reducing the growing number of writs of protection. It is essential to address this problem in a broad debate and to promote understanding between the parties.

  4. [Strategies to prevent bacteriophage infection in industrial fermentation].

    PubMed

    Shen, Juntao; Xiu, Zhilong

    2017-12-25

    During the development of bacteria-based biotechnology, bacteriophage infection is one of the constant threats and troublesome problems in industrial fermentation. The core of puzzled bacteriophage infection is a complex arm race of coevolution between bacteriophages and their hosts where bacteriophage has evolved lots of escaped ways against bacterial resistance mechanisms. The strategies of rationally designing factories and rotation of starter strains could reduce the risk of bacteriophage infection, but often fail to avoid. Genetic engineering to increase bacterial resistance is one of the strategies to prevent bacteriophage infection and more knowledge about bacteriophage and its host is needed. Recently, there are some new findings on bacterial resistance mechanisms which provide new solutions for bacteriophage infection. For example, it is possible for a rational design of resistant strains to use CRISPR-Cas based technologies just based on the sequences of bacteriophages. Moreover, it is also possible to avoid the escape of bacteriophage by iteratively building up resistance levels to generate robust industrial starter cultures. Quorum-sensing signal molecules have recently been proved to be involved in the interactions between bacteria and bacteriophages, which provides a possible way to solve bacteriophage infection from a population level. Finally, the rapid development of bacteriophage genome editing and synthetic biology will bring some new cues for preventing bacteriophage infection in industrial fermentation.

  5. From paranoia querulans to vexatious litigants: a short study on madness between psychiatry and the law. Part 1.

    PubMed

    Lévy, Benjamin

    2014-09-01

    The first part of this two-part paper presents a comparative history of paranoia querulans, also known as litigants' delusion, in German-speaking countries and France from the nineteenth century onwards. We first focus on two classic literary works which describe litigious behaviours that were later pathologized, then give an insight into the history of Querulantenwahn (litigants' delusion), a term coined in 1857 by Johann Ludwig Casper and adopted by German-speaking psychiatrists and forensic experts. The last section is devoted to its French equivalent, the delusion of the litigious persecuted-persecutors. We show how this category, widely popular among French fin-de-siècle alienists, was replaced by another: the delusion of revendication (litigious subtype). The history of the vexatious litigants in the English-speaking world will be explored in the Part 2. © The Author(s) 2014.

  6. Malpractice litigation following spine surgery.

    PubMed

    Daniels, Alan H; Ruttiman, Roy; Eltorai, Adam E M; DePasse, J Mason; Brea, Bielinsky A; Palumbo, Mark A

    2017-10-01

    OBJECTIVE Adverse events related to spine surgery sometimes lead to litigation. Few studies have evaluated the association between spine surgical complications and medical malpractice proceedings, outcomes, and awards. The aim of this study was to identify the most frequent causes of alleged malpractice in spine surgery and to gain insight into patient demographic and clinical characteristics associated with medical negligence litigation. METHODS A search for "spine surgery" spanning February 1988 to May 2015 was conducted utilizing the medicolegal research service VerdictSearch (ALM Media Properties, LLC). Demographic data for the plaintiff and defendant in addition to clinical data for the procedure and legal outcomes were examined. Spinal cord injury, anoxic/hypoxic brain injury, and death were classified as catastrophic complications; all other complications were classified as noncatastrophic. Both chi-square and t-tests were used to evaluate the effect of these variables on case outcomes and awards granted. RESULTS A total of 569 legal cases were examined; 335 cases were excluded due to irrelevance or insufficient information. Of the 234 cases included in this investigation, 54.2% (127 cases) resulted in a defendant ruling, 26.1% (61) in a plaintiff ruling, and 19.6% (46) in a settlement. The awards granted for plaintiff rulings ranged from $134,000 to $38,323,196 (mean $4,045,205 ± $6,804,647). Awards for settlements ranged from $125,000 to $9,000,000 (mean $1,930,278 ± $2,113,593), which was significantly less than plaintiff rulings (p = 0.022). Compared with cases without a delay in diagnosis of the complication, the cases with a diagnostic delay were more likely to result in a plaintiff verdict or settlement (42.9% vs 72.7%, p = 0.007) than a defense verdict, and were more likely to settle out of court (17.5% vs 40.9%, p = 0.008). Similarly, compared with cases without a delay in treatment of the complication, those with a therapeutic delay were more

  7. Education Rights and Classroom-Based Litigation: Shifting the Boundaries of Evidence

    ERIC Educational Resources Information Center

    Welner, Kevin

    2010-01-01

    The call for American students to meet world-class standards in the federal Goals 2000: Education America Act (1994) and No Child Left Behind legislation, as well as state standards and accountability legislation, has been explicitly inclusive: All students must be held to these high standards. Litigation offers the potential to leverage…

  8. Litigation and Students with Disabilities: An Overview of Cases From 2015

    ERIC Educational Resources Information Center

    Katsiyannis, Antonis; Counts, Jennifer; Popham, Michelle; Ryan, Joseph; Butzer, Madeline

    2016-01-01

    Special education is the most highly litigated area within the field of education. Therefore, the purpose of the current article is to highlight cases (court decisions, Office of Civil Rights rulings, and State Educational Agency hearings) involving students with disabilities in 2015. Highlights from the case law point to the need for school…

  9. Waterpipe industry products and marketing strategies: analysis of an industry trade exhibition.

    PubMed

    Jawad, Mohammed; Nakkash, Rima T; Hawkins, Ben; Akl, Elie A

    2015-12-01

    Understanding product development and marketing strategies of transnational tobacco companies (TTCs) has been of vital importance in developing an effective tobacco control policy. However, comparatively little is known of the waterpipe tobacco industry, which TTCs have recently entered. This study aimed to gain an understanding of waterpipe tobacco products and marketing strategies by visiting a waterpipe trade exhibition. In April 2014, the first author attended an international waterpipe trade exhibition, recording descriptions of products and collecting all available marketing items. We described the purpose and function of all products, and performed a thematic analysis of messages in marketing material. We classified waterpipe products into four categories and noted product variation within categories. Electronic waterpipe products (which mimic electronic cigarettes) rarely appeared on waterpipe tobacco marketing material, but were displayed just as widely. Claims of reduced harm, safety and quality were paramount on marketing materials, regardless of whether they were promoting consumption products (tobacco, tobacco substitutes), electronic waterpipes or accessories. Waterpipe products are diverse in nature and are marketed as healthy and safe products. Furthermore, the development of electronic waterpipe products appears to be closely connected with the electronic cigarette industry, rather than the waterpipe tobacco manufacturers. Tobacco control policy must evolve to take account of the vast and expanding array of waterpipe products, and potentially also charcoal products developed for waterpipe smokers. We recommend that tobacco substitutes be classified as tobacco products. Continued surveillance of the waterpipe industry is warranted. 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/

  10. Clinical negligence in ophthalmology: fifteen years of national health service litigation authority data.

    PubMed

    Mathew, Rashmi G; Ferguson, Veronica; Hingorani, Melanie

    2013-04-01

    To categorize and understand the reasons behind ophthalmic clinical negligence claims in the National Health Service and how such claims can be avoided. Retrospective analyses of all ophthalmic clinical negligence claims between 1995 and 2009 were carried out. Data were obtained from the National Health Service Litigation Authority through the Freedom of Information Act. Claims were classified according to ophthalmic subspecialty, mean payment per subspecialty, severity, paid-to-closed ratio, and cost. One thousand two hundred fifty-three ophthalmology-related claims occurring from 1995 through 2009. Of these, 963 claims were closed over the 15-year period. Eighty-four were excluded because of insufficient case data. Retrospective analysis of all public sector ophthalmology litigation claims over a 15-year period in England. Subspecialty pertaining to claim, mean payment per claim, and severity of outcome of clinical incident. Nine hundred sixty-three claims were closed over a 15-year period, of which 67% resulted in payment. The total cost of claims was £32.1 million ($50.3 million), with a mean payment per claim of £33 300 ($52 300). The specialties with the highest mean payment per claim were neuro-ophthalmology and pediatric ophthalmology. Cataract subspecialty had the highest number of claims, accounting for 34% of all claims. Overall, the number of litigation claims in ophthalmology is low, relative to the high volume of outpatient and surgical workload. Copyright © 2013 American Academy of Ophthalmology. Published by Elsevier Inc. All rights reserved.

  11. Audit of litigation against the accident and emergency radiology department.

    PubMed

    Cantoni, S; De Stefano, F; Mari, A; Savaia, F; Rosso, R; Derchi, L

    2009-09-01

    The aims of this study were to reduce and monitor litigation due to failure to diagnose a fracture, to evaluate whether the cases were due to radiological error or other problems in the diagnostic and therapeutic management of patients and to identify organisational, technical or functional changes or guidelines to improve the management of patients with suspected fracture and their expectations. We analysed the litigation database for the period 2004-2006 and extracted all episodes indicating failure to diagnose a fracture at the accident and emergency radiology department of our centre. The radiographs underwent blinded review by two experts, and each case was jointly analysed by a radiologist and a forensic physician to see what led to the compensation claim. We identified 22 events (2004 seven cases; 2005 eight cases; 2006 seven cases). Six cases were unrelated to radiological error. Six were due to imperceptible fractures at the time of the examination. These were accounted for by the presence of a major lesion distracting the examiner's attention from a less important associated lesion in one case, a false negative result in a patient examined on a incompletely radiolucent spinal board and underexposure of the coccyx region in an obese patient. Six cases were related to an interpretation error by the radiologist. In the remaining cases, the lesion being referred to in the compensation claim could either not be established or the case was closed by the insurance company without compensation. Corrective measures were adopted. These included planning the purchase of a higher performance device, drawing up a protocol for imaging patients on spinal boards, reminding radiologists of the need to carefully scrutinise the entire radiogram even after having identified a lesion, and producing an information sheet explaining to patients the possibility of false negative results in cases of imperceptible lesions and inviting them to return to the department if symptoms

  12. The role of litigation in ensuring women's reproductive rights: an analysis of the Shanti Devi judgement in India.

    PubMed

    Kaur, Jameen

    2012-06-01

    The struggle for reproductive self-determination has specific significance for women and girls in India, where a maternal death occurs every five minutes. This paper analyses the role litigation played in seeking redress for violations of the reproductive rights of Shanti Devi, who died in childbirth in 2010 in Haryana state, and some of the socio-economic, cultural, political and legal factors involved. It provides a brief overview of India's national and international obligations with regard to maternal health, and through the lens of the litigation in Shanti Devi's case, it examines how the government failed to protect, respect and fulfill her right to life and health. Litigation can be used to ensure accountability in further cases by building on case law, informing communities about these decisions and their rights, and holding government accountable at local, state and central level. Litigation also has limits, most importantly due to people's lack of awareness of their rights and entitlements, the lack of government outreach programmes informing them of these, and the lack of accountability mechanisms within health programmes when they are not transparent or functioning effectively. Thus, although constitutional justice is an important tool for democratic progress and social change, social justice will only be achieved through broader social struggle. Copyright © 2012 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  13. Non-Use of Motor Vehicle Safety Belts as an Issue in Civil Litigation

    DOT National Transportation Integrated Search

    1983-08-01

    The current and potential role of the "safety belt defense" in civil litigation is studied. The paper presents an overview of the safety belt defense, including an evaluation of current precedent. Based on interviews with leading motor vehicle civil ...

  14. Conditions that influence the impact of malpractice litigation risk on physicians’ behavior regarding patient safety

    PubMed Central

    2014-01-01

    Background Practicing safe behavior regarding patients is an intrinsic part of a physician’s ethical and professional standards. Despite this, physicians practice behaviors that run counter to patient safety, including practicing defensive medicine, failing to report incidents, and hesitating to disclose incidents to patients. Physicians’ risk of malpractice litigation seems to be a relevant factor affecting these behaviors. The objective of this study was to identify conditions that influence the relationship between malpractice litigation risk and physicians’ behaviors. Methods We carried out an exploratory field study, consisting of 22 in-depth interviews with stakeholders in the malpractice litigation process: five physicians, two hospital board members, five patient safety staff members from hospitals, three representatives from governmental healthcare bodies, three healthcare law specialists, two managing directors from insurance companies, one representative from a patient organization, and one representative from a physician organization. We analyzed the comments of the participants to find conditions that influence the relationship by developing codes and themes using a grounded approach. Results We identified four factors that could affect the relationship between malpractice litigation risk and physicians’ behaviors that run counter to patient safety: complexity of care, discussing incidents with colleagues, personalized responsibility, and hospitals’ response to physicians following incidents. Conclusion In complex care settings procedures should be put in place for how incidents will be discussed, reported and disclosed. The lack of such procedures can lead to the shift and off-loading of responsibilities, and the failure to report and disclose incidents. Hospital managers and healthcare professionals should take these implications of complexity into account, to create a supportive and blame-free environment. Physicians need to know that they

  15. The Empire strikes back. Counterrevolutionary strategies for industry leaders.

    PubMed

    D'Aveni, Richard

    2002-11-01

    Industry leaders frequently worry that their companies will fall victim to some revolutionary business model or disruptive technology. But new research shows that it's strategically better for incumbents to counter a revolution than to ignore or fully embrace it. Successful incumbents rely on one or more of five approaches to restrain, modify, or, if necessary, neutralize a revolutionary threat. A company that perceives a revolution in its earliest stages can use containment strategies. By throwing up roadblocks--raising switching costs, perhaps, or launching discrediting PR efforts--an incumbent can often limit the degree to which customers and competitors accept a nascent insurgency. And, sometimes, revolutions die there. If not, early containment buys a company some time to shape the revolution so that it complements, rather than supersedes, the incumbent's strengths. And even if shaping efforts fail, they can give an industry leader more time to work out how to absorb the threat by bringing the new competencies or technologies inside the firm in such a way that they don't destroy its existing strengths and capabilities. When revolutions have progressed too far to slow them down, incumbents must take a more aggressive tack. Neutralizing strategies meet a revolution head-on and terminate it--by, say, temporarily giving away the benefits offered by the challenger for free. Annulment strategies allow the market leader to leapfrog over or sidestep the threat. These five strategic approaches need not be used in isolation, as a detailed case study of the way Anheuser-Busch countered the craft-beer revolution dramatically demonstrates. Sensible industry leaders do not lead revolutions; they know they may not survive the attempt. Instead, they prefer to lead counterrevolutions.

  16. The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia.

    PubMed

    Kassim, Puteri Nemie J

    2008-06-01

    The decision of the Federal Court of Malaysia in abandoning the Bolam principle in relation to doctor's duty to disclose risks has clearly marked the decline of judicial deference to medical opinion in medical negligence litigation in Malaysia. It is undeniable that the Bolam principle has acted as a gatekeeper to the number of claims against medical practitioners. This has always been seen as necessary to protect the society from unwanted effects of defensive medicine. However, will these changes contribute significantly to the growth of medical negligence cases in Malaysia? This article will trace the development of the Bolam principle in medical negligence litigation in Malaysia since 1965 and analyse the influence of selected Commonwealth cases on the development. The implications of the Federal Court ruling will also be discussed.

  17. Malodorous consequences: what comprises negligence in anosmia litigation?

    PubMed

    Svider, Peter F; Mauro, Andrew C; Eloy, Jean Anderson; Setzen, Michael; Carron, Michael A; Folbe, Adam J

    2014-03-01

    Our objectives were to evaluate factors raised in malpractice litigation in which plaintiffs alleged that physician negligence led to olfactory dysfunction. We analyzed publically available federal and court records using Westlaw, a widely used computerized legal database. Pertinent jury verdicts and settlements were comprehensively examined for alleged causes of malpractice (including procedures for iatrogenic causes), defendant specialty, patient demographics, and other factors raised in legal proceedings. Of 25 malpractice proceedings meeting inclusion criteria, 60.0% were resolved for the defendant, 12.0% were settled, and 28.0% had jury-awarded damages. Median payments were significant ($300,000 and $412,500 for settlements and awards, respectively). Otolaryngologists were the most frequently named defendants (68.0%), with the majority of iatrogenic cases (55.0%) related to rhinologic procedures. Associated medical events accompanying anosmia included dysgeusia, cerebrospinal fluid leaks, and meningitis. Other alleged factors included requiring additional surgery (80.0%), unnecessary procedures (47.4% of iatrogenic procedural cases), untimely diagnosis leading to anosmia (44.0%), inadequate informed consent (35.0%), dysgeusia (56.0%), and psychological sequelae (24.0%). Olfactory dysfunction can adversely affect quality of life and thus is a potential area for malpractice litigation. This is particularly true for iatrogenic causes of anosmia, especially following rhinologic procedures. Settlements and damages awarded were considerable, making an understanding of factors detailed in this analysis of paramount importance for the practicing otolaryngologist. This analysis reinforces the importance of explicitly including anosmia in a comprehensive informed consent process for any rhinologic procedure. © 2013 ARS-AAOA, LLC.

  18. Intangible asset valuation, damages, and transfer price analyses in the health care industry.

    PubMed

    Reilly, Robert F

    2010-01-01

    Most health care industry participants own and operate intangible assets. These intangible assets can be industry-specific (e.g., patient charts and records, certificates of need, professional and other licenses), or they can be general commercial intangible assets (e.g., trademarks, systems and procedures, an assembled workforce). Many industry participants have valued their intangible assets for financial accounting or other purposes. This article summarizes the intangible assets that are common to health care industry participants. This article describes the different types of intangible asset analyses (including valuation, transfer price, damages estimates, etc.), and explains the many different transaction, accounting, taxation, regulatory, litigation, and other reasons why industry participants may wish to value (or otherwise analyze) health care intangible assets.

  19. Stakeholders’ analysis of the medical tourism industry: development strategies in Isfahan

    PubMed Central

    Jabbari, Alireza; Ferdosi, Masoud; Keyvanara, Mahmoud; Agharahimi, Zahra

    2013-01-01

    Introduction: Policy makers and decision makers must identify the stakeholders in medical tourism, who will be affected by and/or affect this industry, and determine their status for partnership. The aim of this study was to identify the main stakeholders in Isfahan's medical tourism, analyze them, and provide strategies for developing this industry. Materials and Methods: A qualitative study was conducted in 2011. At first, the key stakeholders in medical tourism were identified in accordance with the experts’ idea and literature review. Then we interviewed the key stakeholders. Data analysis was conducted using the stakeholders’ analyses, which helped in developing strategies. Results: The result showed that the key stakeholders were made up of nine groups. They included the provincial governance of Isfahan, the Cultural Heritage and Tourism Organization of Isfahan, the Chamber of Commerce, the Medical Council, the Isfahan University of Medical Sciences, health service providers, tourism services providers, investors, and the Tosea Saderat Bank. The rate of knowledge of the Cultural Heritage and Tourism Organization of Isfahan, clinic and international relationship of Isfahan University of Medical Sciences from government policy about medical tourism were very much. Private Hospitals, the Medical Council, investors, and the University of Medical Sciences had great power. Private hospitals, clinics, the Cultural Heritage and Tourism Organization of Isfahan, and the University of Medical Sciences were in the supporter position. The effected strategies were the included strategies, focused on increasing power; increasing support, and on maintaining the position. Conclusion: There are different stakeholders in the medical tourism industry. Thus, policy makers can plan, make a policy and decision, and use effective strategies to develop medical tourism by designing a medical tourism stakeholders’ network, a medical tourism provincial council, and clarify the

  20. Stakeholders' analysis of the medical tourism industry: development strategies in Isfahan.

    PubMed

    Jabbari, Alireza; Ferdosi, Masoud; Keyvanara, Mahmoud; Agharahimi, Zahra

    2013-01-01

    Policy makers and decision makers must identify the stakeholders in medical tourism, who will be affected by and/or affect this industry, and determine their status for partnership. The aim of this study was to identify the main stakeholders in Isfahan's medical tourism, analyze them, and provide strategies for developing this industry. A qualitative study was conducted in 2011. At first, the key stakeholders in medical tourism were identified in accordance with the experts' idea and literature review. Then we interviewed the key stakeholders. Data analysis was conducted using the stakeholders' analyses, which helped in developing strategies. The result showed that the key stakeholders were made up of nine groups. They included the provincial governance of Isfahan, the Cultural Heritage and Tourism Organization of Isfahan, the Chamber of Commerce, the Medical Council, the Isfahan University of Medical Sciences, health service providers, tourism services providers, investors, and the Tosea Saderat Bank. The rate of knowledge of the Cultural Heritage and Tourism Organization of Isfahan, clinic and international relationship of Isfahan University of Medical Sciences from government policy about medical tourism were very much. Private Hospitals, the Medical Council, investors, and the University of Medical Sciences had great power. Private hospitals, clinics, the Cultural Heritage and Tourism Organization of Isfahan, and the University of Medical Sciences were in the supporter position. The effected strategies were the included strategies, focused on increasing power; increasing support, and on maintaining the position. There are different stakeholders in the medical tourism industry. Thus, policy makers can plan, make a policy and decision, and use effective strategies to develop medical tourism by designing a medical tourism stakeholders' network, a medical tourism provincial council, and clarify the roles and responsibilities of stakeholders.

  1. Mobilizing Ethnic Equality in Admissions to Schools: Litigation, Politics, and Educational Change

    ERIC Educational Resources Information Center

    Perry-Hazan, Lotem; Perelstain, Oshrat

    2018-01-01

    This study explores the impact of litigation on the mobilization of ethnic equality in the admission to Haredi (ultra-Orthodox) schools in Israel, and examines the socio-political mechanisms that have shaped this impact. It uses a case-study approach and draws on an analysis of documents and interviews. The findings confirm the conclusions of…

  2. A Qualitative Study of the European Trucking Industry and Logistics Strategies Using the United States Motor Carrier Industry as a Guide

    DTIC Science & Technology

    1992-09-01

    UNITED STATES MOTOR CARRIER INDUSTRY AS A GUIDE THESIS David W. Butler Andrew P. Wilhelm Captain, USAF Captain, USAF AFIT/GLM/LSM/92S-7 Approved for...UNITED STATES MOTOR CARRIER INDUSTRY AS A GUIDE THESIS Presented to the Faculty of the School of Systems and Logistics of the Air Force Institute of...THE EUROPEAN TRUCKING INDUSTRY AND LOGISTICS STRATEGIES USING THE UNITED STATES MOTOR CARRIER INDUSTRY AS A GUIDE I. Introduction General Issue The

  3. 11 CFR 201.3 - Public funding, audits and litigation: Ex parte contacts prohibited.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ...) A Commissioner or member of a Commissioner's staff who receives an oral ex parte communication... REGULATIONS EX PARTE COMMUNICATIONS § 201.3 Public funding, audits and litigation: Ex parte contacts... be made to any Commissioner or any member of any Commissioner's staff any ex parte communication...

  4. 28 CFR 0.69c - Litigation involving the Resource Conservation and Recovery Act.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... OF THE DEPARTMENT OF JUSTICE Environment and Natural Resources Division § 0.69c Litigation involving... Natural Resources Division. Every plaintiff required to serve upon the Attorney General a copy of their... Natural Resources Division, U.S. Department of Justice, NW., Washington, DC 20530. (b) Services pursuant...

  5. Tobacco Industry Strategies to Minimize or Mask Cigarette Smoke: Opportunities for Tobacco Product Regulation

    PubMed Central

    Rees, Vaughan W.

    2013-01-01

    Introduction: The tobacco industry has developed technologies to reduce the aversive qualities of cigarette smoke, including secondhand smoke (SHS). While these product design changes may lessen concerns about SHS, they may not reduce health risks associated with SHS exposure. Tobacco industry patents were reviewed to understand recent industry strategies to mask or minimize cigarette smoke from traditional cigarettes. Methods: Patent records published between 1997 and 2008 that related to cigarette smoke were conducted using key word searches. The U.S. Patent and Trademark Office web site was used to obtain patent awards, and the World Intellectual Property Organization’s Patentscope and Free Patents Online web sites were used to search international patents. Results: The search identified 106 relevant patents published by Japan Tobacco Incorporated, British America Tobacco, Philip Morris International, and other tobacco manufacturers or suppliers. The patents were classified by their intended purpose, including reduced smoke constituents or quantity of smoke emitted by cigarettes (58%, n = 62), improved smoke odor (25%, n = 26), and reduced visibility of smoke (16%, n = 18). Innovations used a variety of strategies including trapping or filtering smoke constituents, chemically converting gases, adding perfumes, or altering paper to improve combustion. Conclusions: The tobacco industry continues to research and develop strategies to reduce perceptions of cigarette smoke, including the use of additives to improve smoke odor. Surveillance and regulatory response to industry strategies to reduce perceptions of SHS should be implemented to ensure that the public health is adequately protected. PMID:22949571

  6. Tobacco industry strategies to minimize or mask cigarette smoke: opportunities for tobacco product regulation.

    PubMed

    Kennedy, Ryan David; Millstein, Rachel A; Rees, Vaughan W; Connolly, Gregory N

    2013-02-01

    The tobacco industry has developed technologies to reduce the aversive qualities of cigarette smoke, including secondhand smoke (SHS). While these product design changes may lessen concerns about SHS, they may not reduce health risks associated with SHS exposure. Tobacco industry patents were reviewed to understand recent industry strategies to mask or minimize cigarette smoke from traditional cigarettes. Patent records published between 1997 and 2008 that related to cigarette smoke were conducted using key word searches. The U.S. Patent and Trademark Office web site was used to obtain patent awards, and the World Intellectual Property Organization's Patentscope and Free Patents Online web sites were used to search international patents. The search identified 106 relevant patents published by Japan Tobacco Incorporated, British America Tobacco, Philip Morris International, and other tobacco manufacturers or suppliers. The patents were classified by their intended purpose, including reduced smoke constituents or quantity of smoke emitted by cigarettes (58%, n = 62), improved smoke odor (25%, n = 26), and reduced visibility of smoke (16%, n = 18). Innovations used a variety of strategies including trapping or filtering smoke constituents, chemically converting gases, adding perfumes, or altering paper to improve combustion. The tobacco industry continues to research and develop strategies to reduce perceptions of cigarette smoke, including the use of additives to improve smoke odor. Surveillance and regulatory response to industry strategies to reduce perceptions of SHS should be implemented to ensure that the public health is adequately protected.

  7. Reducing workers' compensation costs for latex allergy and litigation against glove manufacturing companies.

    PubMed

    Edlich, Richard F; Mason, Shelley S; Swainston, Erin; Dahlstrom, Jill J; Gubler, K; Long, William B

    2009-01-01

    It has been well documented in the medical literature that powdered medical gloves can have serious consequences to patients and health-care workers. Adverse reactions to natural latex gloves, such as contact dermatitis and urticaria, occupational asthma, and anaphylaxis, have been documented as a significant cause of Workers' Compensation claims among health-care workers. While the cost of examination and surgical gloves is significant, this factor must be considered with the total cost of Workers' Compensation claims and possible litigation bestowed upon hospitals and glove manufacturing companies. In the United States, Canada, Belgium, and Germany, medical leaders have documented the dangers of powdered latex gloves and have implemented transition programs that are reducing Workers' Compensation claims filed by health-care workers. While attorneys view litigation against powdered glove manufacturers as the "next big tort", the authors of this article were not able to document all compensation costs to disabled workers because many settlements do not allow the claimant to disclose this information.

  8. Strategy of Construction and Demolition Waste Management after Chemical Industry Facilities Removal

    NASA Astrophysics Data System (ADS)

    Tashkinova, I. N.; Batrakova, G. M.; Vaisman, Ya I.

    2017-06-01

    Mixed waste products are generated in the process of irrelevant industrial projects’ removal if conventional techniques of their demolition and dismantling are applied. In Russia the number of unused chemical industry facilities including structures with high rate of wear is growing. In removing industrial buildings and production shops it is used conventional techniques of demolition and dismantling in the process of which mixed waste products are generated. The presence of hazardous chemicals in these wastes makes difficulties for their use and leads to the increasing volume of unutilized residues. In the process of chemical industry facilities’ removal this fact takes on special significance as a high level of hazardous chemicals in the waste composition demands for the realization of unprofitable measures aimed at ensuring environmental and industrial safety. The proposed strategy of managing waste originated from the demolition and dismantling of chemical industry facilities is based on the methodology of industrial metabolism which allows identifying separate material flows of recycled, harmful and ballast components, performing separate collection of components during removal and taking necessary preventive measures. This strategy has been tested on the aniline synthesis plant being in the process of removal. As a result, a flow of 10 wt. %, subjected to decontamination, was isolated from the total volume of construction and demolition waste (C&D waste). The considered approach allowed using the resource potential of more than 80wt. % of waste and minimizing the disposed waste volume.

  9. Environmental management practices in the Lebanese pharmaceutical industries: implementation strategies and challenges.

    PubMed

    Massoud, May A; Makarem, N; Ramadan, W; Nakkash, R

    2015-03-01

    This research attempts to provide an understanding of the Lebanese pharmaceutical industries' environmental management strategies, priorities, and perceptions as well as drivers, barriers, and incentives regarding the implementation of the voluntary ISO 14001 Environmental Management System. Accordingly, a semistructured in-depth interview was conducted with the pharmaceutical industries. The findings revealed a significant lack of knowledge about the standard among the industries. The main perceived drivers for adopting the ISO 14001 are improving the companies' image and overcoming international trade. The main perceived barriers for acquiring the standard are the lack of government support and the fact that ISO 14001 is not being legally required or enforced by the government. Moreover, results revealed that adopting the ISO 14001 standard is not perceived as a priority for the Lebanese pharmaceutical industries. Although the cost of certification was not considered as a barrier for the implementation of ISO 14001, the majority of the pharmaceutical industries are neither interested nor willing to adopt the Standard if they are not exposed to any regulatory pressure or external demand. They are more concerned with quality and safety issues with the most adopted international standard among the industries being the ISO 9001 quality management system. This study highlights the aspect that financial barriers are not always the hurdles for implementing environmental management strategies in developing countries and underscores the need for regulatory frameworks and enforcement.

  10. Systematic strategies for the third industrial accident prevention plan in Korea.

    PubMed

    Kang, Young-sig; Yang, Sung-hwan; Kim, Tae-gu; Kim, Day-sung

    2012-01-01

    To minimize industrial accidents, it's critical to evaluate a firm's priorities for prevention factors and strategies since such evaluation provides decisive information for preventing industrial accidents and maintaining safety management. Therefore, this paper proposes the evaluation of priorities through statistical testing of prevention factors with a cause analysis in a cause and effect model. A priority matrix criterion is proposed to apply the ranking and for the objectivity of questionnaire results. This paper used regression method (RA), exponential smoothing method (ESM), double exponential smoothing method (DESM), autoregressive integrated moving average (ARIMA) model and proposed analytical function method (PAFM) to analyze trends of accident data that will lead to an accurate prediction. This paper standardized the questionnaire results of workers and managers in manufacturing and construction companies with less than 300 employees, located in the central Korean metropolitan areas where fatal accidents have occurred. Finally, a strategy was provided to construct safety management for the third industrial accident prevention plan and a forecasting method for occupational accident rates and fatality rates for occupational accidents per 10,000 people.

  11. Pregnancy Discrimination Litigation: Legal Erosion of Capitalist Ideology under Equal Employment Opportunity Law.

    ERIC Educational Resources Information Center

    Edwards, Mark Evan

    1996-01-01

    Analysis of 82 court cases involving pregnancy discrimination, 1972-91, shows that this litigation revealed the gender bias of equal employment opportunity law and capitalist economic relations, eroded assumptions about economic imperatives for not accommodating pregnant workers, and laid the groundwork for the Family and Medical Leave Act of…

  12. Tobacco industry manipulation of the hospitality industry to maintain smoking in public places

    PubMed Central

    Dearlove, J; Bialous, S; Glantz, S

    2002-01-01

    Objective: To describe how the tobacco industry used the "accommodation" message to mount an aggressive and effective worldwide campaign to recruit hospitality associations, such as restaurant associations, to serve as the tobacco industry's surrogate in fighting against smoke-free environments. Methods: We analysed tobacco industry documents publicly available on the internet as a result of litigation in the USA. Documents were accessed between January and November 2001. Results: The tobacco industry, led by Philip Morris, made financial contributions to existing hospitality associations or, when it did not find an association willing to work for tobacco interests, created its own "association" in order to prevent the growth of smoke-free environments. The industry also used hospitality associations as a vehicle for programmes promoting "accommodation" of smokers and non-smokers, which ignore the health risks of second hand smoke for employees and patrons of hospitality venues. Conclusion: Through the myth of lost profits, the tobacco industry has fooled the hospitality industry into embracing expensive ventilation equipment, while in reality 100% smoke-free laws have been shown to have no effect on business revenues, or even to improve them. The tobacco industry has effectively turned the hospitality industry into its de facto lobbying arm on clean indoor air. Public health advocates need to understand that, with rare exceptions, when they talk to organised restaurant associations they are effectively talking to the tobacco industry and must act accordingly. PMID:12034999

  13. Clausewitz on Trial: An Application of Military Strategic Thought to Litigation

    DTIC Science & Technology

    2009-02-12

    sexual desires, but rather did so with the intent of providing sex education to his child, which was elicited to the surprise of the prosecutor during...preferral of charges. For example, in a case where the accused is under investigation for burglary and underage drinking, the trial counsel should...terrain, of that specific litigation. In order to prove the underage drinking charge in this hypothetical, the prosecutor will be required to

  14. Roundup litigation discovery documents: implications for public health and journal ethics.

    PubMed

    Krimsky, Sheldon; Gillam, Carey

    2018-06-08

    This paper reviews the court-released discovery documents obtained from litigation against Monsanto over its herbicide Roundup and through Freedom of Information Act requests (requests to regulatory agencies and public universities in the United States). We sought evidence of corporate malfeasance and undisclosed conflicts of interest with respect to issues of scientific integrity. The findings include evidence of ghostwriting, interference in journal publication, and undue influence of a federal regulatory agency.

  15. Physicians under the influence: social psychology and industry marketing strategies.

    PubMed

    Sah, Sunita; Fugh-Berman, Adriane

    2013-01-01

    Pharmaceutical and medical device companies apply social psychology to influence physicians' prescribing behavior and decision making. Physicians fail to recognize their vulnerability to commercial influences due to self-serving bias, rationalization, and cognitive dissonance. Professionalism offers little protection; even the most conscious and genuine commitment to ethical behavior cannot eliminate unintentional, subconscious bias. Six principles of influence - reciprocation, commitment, social proof, liking, authority, and scarcity - are key to the industry's routine marketing strategies, which rely on the illusion that the industry is a generous avuncular partner to physicians. In order to resist industry influence, physicians must accept that they are vulnerable to subconscious bias and have both the motivation and means to resist industry influence. A culture in which accepting industry gifts engenders shame rather than gratitude will reduce conflicts of interest. If greater academic prestige accrues to distant rather than close relationships with industry, then a new social norm may emerge that promotes patient care and scientific integrity. In addition to educating faculty and students about the social psychology underlying sophisticated but potentially manipulative marketing and about how to resist it, academic medical institutions should develop strong organizational policies to counteract the medical profession's improper dependence on industry. © 2013 American Society of Law, Medicine & Ethics, Inc.

  16. Nuclear energy strategy to preserve the industrial base into the twenty-first century. Research report, August 1992-April 1993

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

    Naughton, R.J.

    1993-04-01

    The National Energy Strategy of 1991/1992 provides only the broadest of Outlines for a strategy to ensure a viable nuclear energy generation capability for electrical power. The FY 93 and FY 94 federal defense budgets provide minimum support to maintain a nuclear powered shipbuilding capability within the United States. These two industries are closely related and are vital strategic assets. The United States must implement a more comprehensive strategy to Preserve the core design and production technologies of the nuclear power industry. This paper examines the background of both the commercial nuclear and nuclear shipbuilding industries, then proposes modifications tomore » the National Energy Strategy and the Defense Department procurement strategy to save these industries.« less

  17. The Interaction Between Tax and Expenditure Limitations, Supermajority Requirements, and School Finance Litigation

    ERIC Educational Resources Information Center

    Jordan, Teresa S.; Jordan, K. Forbis; Crawford, James

    2005-01-01

    This article focuses on the change in selected state-level school finance variables from 1970 to 2000, with particular attention to the changes in these variables and school finance litigation decisions in states with and without state-level tax and expenditure limitations (TELs) or supermajority requirements (SMRs). The magnitude of the decrease…

  18. Judicialization 2.0: Understanding right-to-health litigation in real time.

    PubMed

    Biehl, João; Socal, Mariana P; Gauri, Varun; Diniz, Debora; Medeiros, Marcelo; Rondon, Gabriela; Amon, Joseph J

    2018-05-21

    Over the past two decades, debate over the whys, the hows, and the effects of the ever-expanding phenomenon of right-to-health litigation ('judicialization') throughout Latin America have been marked by polarised arguments and limited information. In contrast to claims of judicialization as a positive or negative trend, less attention has been paid to ways to better understand the phenomenon in real time. In this article, we propose a new approach-Judicialization 2.0-that recognises judicialization as an integral part of democratic life. This approach seeks to expand access to information about litigation on access to medicines (and health care generally) in order to better characterise the complexity of the phenomenon and thus inform new research and more robust public discussions. Drawing from our multi-disciplinary perspectives and field experiences in highly judicialized contexts, we thus describe a new multi-source, multi-stakeholder mixed-method approach designed to capture the patterns and heterogeneity of judicialization and understand its medical and socio-political impact in real time, along with its counterfactuals. By facilitating greater data availability and open access, we can drive advancements towards transparent and participatory priority setting, as well as accountability mechanisms that promote quality universal health coverage.

  19. Discount cosmetic surgery: industry trends and strategies for success.

    PubMed

    Krieger, Lloyd M

    2002-08-01

    Discount cosmetic surgery is a topic of interest to plastic surgeons. To understand this trend and its effects on plastic surgeons, it is necessary to review the economics of cosmetic surgery, plastic surgery's practice environment, and the broader business principles of service industries. Recent work looked at the economics of the plastic surgery market. This analysis demonstrated that increased local density of plastic surgeons was associated with lower adjusted fees for cosmetic procedures. A survey of plastic surgeons about their practice environment revealed that 93 percent categorized the majority of their patients as very or moderately price-sensitive. Fully 98 percent described their business climate as very or moderately competitive and most plastic surgeons thought they lost a sizable number of cosmetic patients within the last year for reasons of price.A standard industry analysis, when applied to cosmetic surgery, reveals the following: an increased number of surgeons leads to lower fees (reducing their bargaining power as suppliers), patients are price-sensitive (increasing their bargaining power as buyers), and there are few barriers to entry among providers (allowing potential new entrants into the market). Such a situation is conducive to discounting taking hold-and even becoming the industry norm. In this environment, business strategy dictates there are three protocols for success: discounting, differentiation, and focus. Discounting joins the trend toward cutting fees. Success comes from increasing volume and efficiency and thus preserving profits. Differentiation creates an industrywide perception of uniqueness; this requires broadly positioning plastic surgeons as holders of a distinct brand identity separate from other "cosmetic surgeons." The final strategy is to focus on a particular buyer group to develop a market niche, such as establishing a "Park Avenue" practice catering to patients who demand a prestigious surgeon, although this is

  20. Major common bile duct injury and risk of litigation: a surgeon's perspective.

    PubMed

    Berney, Christophe R

    2012-11-01

    Risk for a lawsuit for medical malpractice has unfortunately become part of physicians' daily professional activities, with a blowout in indemnity insurance premiums, especially in high-risk medical specialties. Common bile duct injury following laparoscopic cholecystectomy is a well-recognized and feared complication for surgeons because of its associated morbidity, and it also ranks among the leading sources of medical malpractice claims against surgeons in the world. The purpose of this article is to raise awareness within the medical community and in particular among specialist surgeons on the important threat they could be facing in terms of litigation in the event of an adverse surgical outcome following such a commonly performed procedure. There is a real need for open debate on this concerning topic, as the fear of lawsuits and exorbitant malpractice premiums are pushing a substantial number of medical professionals to practice defensive medicine, reflected by the avoidance of performing certain procedures or treating high-risk patients perceived to have higher litigation rates, or simply walking away from their current practices, creating a chronic shortage of specialized doctors in certain surgical areas. Copyright © 2012 Elsevier Inc. All rights reserved.

  1. From the operating room to the courtroom: a comprehensive characterization of litigation related to facial plastic surgery procedures.

    PubMed

    Svider, Peter F; Keeley, Brieze R; Zumba, Osvaldo; Mauro, Andrew C; Setzen, Michael; Eloy, Jean Anderson

    2013-08-01

    Malpractice litigation has increased in recent decades, contributing to higher health-care costs. Characterization of complications leading to litigation is of special interest to practitioners of facial plastic surgery procedures because of the higher proportion of elective cases relative to other subspecialties. In this analysis, we comprehensively examine malpractice litigation in facial plastic surgery procedures and characterize factors important in determining legal responsibility, as this information may be of great interest and use to practitioners in several specialties. Retrospective analysis. The Westlaw legal database was examined for court records pertaining to facial plastic surgery procedures. The term "medical malpractice" was searched in combination with numerous procedures obtained from the American Academy of Facial Plastic and Reconstructive Surgery website. Of the 88 cases included, 62.5% were decided in the physician's favor, 9.1% were resolved with an out-of-court settlement, and 28.4% ended in a jury awarding damages for malpractice. The mean settlement was $577,437 and mean jury award was $352,341. The most litigated procedures were blepharoplasties and rhinoplasties. Alleged lack of informed consent was noted in 38.6% of cases; other common complaints were excessive scarring/disfigurement, functional considerations, and postoperative pain. This analysis characterized factors in determining legal responsibility in facial plastic surgery cases. Several factors were identified as potential targets for minimizing liability. Informed consent was the most reported entity in these malpractice suits. This finding emphasizes the importance of open communication between physicians and their patients regarding expectations as well as documentation of specific risks, benefits, and alternatives. © 2013 The American Laryngological, Rhinological, and Otological Society, Inc.

  2. Research on the development for emerging industries in Nantong under the national strategy

    NASA Astrophysics Data System (ADS)

    Li, Zhongnian; Qin, Yan; Zhang, Lijuan; Li, Tianying; Wang, Qing

    2017-08-01

    In this paper, according to the relevant national strategic emerging industry planning and policy, conducted in-depth research on the development of emerging industries in Nantong, and believes that current economic social development in Nantong has been entered into a new normal period, in the new period to “innovation” as the core characteristics, strategic emerging industry opportunities and challenges facing the industry. Therefore, Nantong should persist in innovation driven, focus on the cultivation and development of new industries, to provide new impetus to Nantong’s economic vitality and development. According to the development and upgrading of traditional industries, and expand the advantages of industry, cultivate new industries, for each kind of industry to come up with specific development strategies and suggestions: Nantong municipal government will be the seven emerging industries four in the industry (i.e., new material industry, new energy industry, new information technology industry, high-end equipment manufacturing industry) as the development object, further “bigger and stronger”, and strive to enhance the industrial scale and the formation of local characteristics as soon as possible.

  3. Litigation and complaints procedures: objectives, effectiveness and alternatives.

    PubMed Central

    Whelan, C J

    1988-01-01

    Recent debates about redress mechanisms for medical accident victims have been sidetracked by fears of an American-style medical malpractice crisis. What is required is a framework within which the debate can resume. This paper proposes such a framework by focusing on the compensation and deterrence objectives and placing them in the wider context of the social costs of providing medical services. The framework is then used to assess and compare the effectiveness of differing approaches. In particular, the American and British experiences of litigation, including the concept of 'defensive medicine', are evaluated. Also discussed briefly are alternatives to court-based complaints procedures including 'no-fault' schemes, professional ethics and internal complaints mechanisms. PMID:3392721

  4. Bromelain: an overview of industrial application and purification strategies.

    PubMed

    Arshad, Zatul Iffah Mohd; Amid, Azura; Yusof, Faridah; Jaswir, Irwandi; Ahmad, Kausar; Loke, Show Pau

    2014-09-01

    This review highlights the use of bromelain in various applications with up-to-date literature on the purification of bromelain from pineapple fruit and waste such as peel, core, crown, and leaves. Bromelain, a cysteine protease, has been exploited commercially in many applications in the food, beverage, tenderization, cosmetic, pharmaceutical, and textile industries. Researchers worldwide have been directing their interest to purification strategies by applying conventional and modern approaches, such as manipulating the pH, affinity, hydrophobicity, and temperature conditions in accord with the unique properties of bromelain. The amount of downstream processing will depend on its intended application in industries. The breakthrough of recombinant DNA technology has facilitated the large-scale production and purification of recombinant bromelain for novel applications in the future.

  5. Autism Litigation: Outcomes for 2010, Trends in Decision Making and Changes in Diagnostic Criteria

    ERIC Educational Resources Information Center

    Hill, Doris Adams; Kearley, Regina

    2013-01-01

    The diagnosis of autism spectrum disorder has systematically risen since Kanner's description in 1943 and Asperger's definition in 1944. An increase in numbers has met with an increase in litigation regarding autism spectrum disorder (ASD) and the Individuals with Disabilities Education Improvement Act (IDEIA). Outcomes that first favored parents…

  6. 49 CFR 835.9 - Procedure in the event of a subpoena in civil litigation.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 49 Transportation 7 2011-10-01 2011-10-01 false Procedure in the event of a subpoena in civil litigation. 835.9 Section 835.9 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.9 Procedure in the event of a...

  7. 49 CFR 835.9 - Procedure in the event of a subpoena in civil litigation.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 49 Transportation 7 2012-10-01 2012-10-01 false Procedure in the event of a subpoena in civil litigation. 835.9 Section 835.9 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.9 Procedure in the event of a...

  8. 49 CFR 835.9 - Procedure in the event of a subpoena in civil litigation.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 49 Transportation 7 2013-10-01 2013-10-01 false Procedure in the event of a subpoena in civil litigation. 835.9 Section 835.9 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.9 Procedure in the event of a...

  9. 49 CFR 835.9 - Procedure in the event of a subpoena in civil litigation.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 49 Transportation 7 2014-10-01 2014-10-01 false Procedure in the event of a subpoena in civil litigation. 835.9 Section 835.9 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.9 Procedure in the event of a...

  10. 49 CFR 835.9 - Procedure in the event of a subpoena in civil litigation.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 7 2010-10-01 2010-10-01 false Procedure in the event of a subpoena in civil litigation. 835.9 Section 835.9 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.9 Procedure in the event of a...

  11. When might an operative complication be regarded as acceptable? Part 2: Judicial factors that influence the finding of fault during surgical litigation

    PubMed Central

    Blackburn, S; Biggs, H

    2015-01-01

    In cases where surgeons face litigation over operative misadventure, the result of a trial is uncertain. In order to identify factors in cases of surgical litigation that have influenced the final decision of the courts, we have previously reviewed reported cases where the outcome turned on actions taken by surgeons. We now turn our attention to judicial attitudes to evidence that play a role in the determination of the case. PMID:26263800

  12. Tobacco industry lawyers as “disease vectors”

    PubMed Central

    Guardino, Sara D; Daynard, Richard A

    2007-01-01

    Objective Despite their obligation to do so, tobacco companies often failed to conduct product safety research or, when research was conducted, failed to disseminate the results to the medical community and to the public. The tobacco company lawyers' role in these actions was investigated with a focus on their involvement in company scientific research, claims of attorney‐client privilege and work‐product cover, document concealment, and litigation tactics. Methods Searches of previously secret internal tobacco industry documents located at Tobacco Documents Online. Additional searches included court transcripts, legal cases and articles obtained through Westlaw, PubMed, and the internet. Results Tobacco company lawyers have been involved in activities having little or nothing to do with the practice of law, including gauging and attempting to influence company scientists' beliefs, vetting in‐house scientific research, and instructing in‐house scientists not to publish potentially damaging results. Additionally, company lawyers have taken steps to manufacture attorney‐client privilege and work‐product cover to assist their clients in protecting sensitive documents from disclosure, have been involved in the concealment of such documents, and have employed litigation tactics that have largely prevented successful lawsuits against their client companies. Conclusions Tobacco related diseases have proliferated partly because of tobacco company lawyers. Their tactics have impeded the flow of information about the dangers of smoking to the public and the medical community. Additionally, their extravagantly aggressive litigation tactics have pushed many plaintiffs into dropping their cases before trial, thus reducing the opportunities for changes to be made to company policy in favour of public health. Stricter professional oversight is needed to ensure that this trend does not continue. PMID:17652236

  13. "It's doom alone that counts": can international human rights law be an effective source of rights in correctional conditions litigation?

    PubMed

    Perlin, Michael L; Dlugacz, Henry A

    2009-01-01

    Over the past three decades, the U.S. judiciary has grown increasingly less receptive to claims by convicted felons as to the conditions of their confinement while in prison. Although courts have not articulated a return to the "hands off" policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation of the Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas of prisoners' rights law. From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate to mental health care and treatment. Here, in spite of a general trend toward more stringent applications of standards of proof and a reluctance to order sweeping, intrusive remedies, some courts have aggressively protected prisoners' rights to be free from "deliberate indifference" to serious medical needs, and to be free from excessive force on the part of prison officials. A mostly hidden undercurrent in some prisoners' rights litigation has been the effort on the part of some plaintiffs' lawyers to look to international human rights doctrines as a potential source of rights, an effort that has met with some modest success. It receives support by the inclination of other courts to turn to international human rights conventions-even in nations where such conventions have not been ratified-as a kind of "best practice" in the area. The recent publication and subsequent ratification (though not, as of yet, by the United States) of the UN Convention on the Rights of Persons with Disabilities (CRPD) may add new support to those using international human rights documents as a basis for litigating prisoners' rights claims. To the best of our knowledge, there has, as of yet, been no scholarly literature on the question of the implications of the CRPD on the state of prisoners' rights law in a U.S. domestic context. In this

  14. The Burger Court and the Prima Facie Case in Employment Discrimination Litigation: A Critique.

    ERIC Educational Resources Information Center

    Friedman, Joel William

    1979-01-01

    The unprincipled and contrived reasoning running through these opinions manifests an intentional effort by the Court to impede litigants' ability to secure their rights to equal employment opportunity by raising the requirements of the prima facie case. Available from Fred B. Rothman & Co., 10368 West Centennial Road, Littleton, CO 80123; sc…

  15. Undermining government tax policies: Common legal strategies employed by the tobacco industry in response to tobacco tax increases.

    PubMed

    Ross, H; Tesche, J; Vellios, N

    2017-12-01

    Effective tobacco tax increases reduce tobacco consumption, threatening the profitability of the tobacco industry. In response, the tobacco industry employs strategies to negate or minimize the full effects of tobacco tax increases. By interacting with various government agencies and non-governmental organizations we identified seven such strategies: stockpiling, changing product attributes or production processes, lowering prices, over-shifting prices, under-shifting prices, timing of price increases, and engaging in price discrimination and/or offering promotions. Each strategy is described in terms of the motivation for their employment, the consequences for tobacco use and tax revenue, and measures to counter them. Country case studies illustrate the successful execution of the strategies and possible government responses. Many of the tobacco industry's responses to tobacco tax increases are predictable, since they are being employed systematically across countries. Governments can and should adopt appropriate measures to eliminate or reduce tobacco industry manipulation. This requires systematic data collection in order to monitor tobacco industry behavior. Copyright © 2017 The Authors. Published by Elsevier Inc. All rights reserved.

  16. Strategies to reduce sodium consumption: a food industry perspective.

    PubMed

    Dötsch, Mariska; Busch, Johanneke; Batenburg, Max; Liem, Gie; Tareilus, Erwin; Mueller, Rudi; Meijer, Gert

    2009-11-01

    The global high prevalence of hypertension and cardiovascular disease has raised concerns regarding the sodium content of the foods which we consume. Over 75% of sodium intake in industrialized diets is likely to come from processed and restaurant foods. Therefore international authorities, such as the World Health Organisation, are encouraging the food industry to reduce sodium levels in their products. Significant sodium reduction is not without complications as salt plays an important role in taste, and in some products is needed also for preservation and processing. The most promising sodium reduction strategy is to adapt the preference of consumers for saltiness by reducing sodium in products in small steps. However, this is a time-consuming approach that needs to be applied industry-wide in order to be effective. Therefore the food industry is also investigating solutions that will maintain the same perceived salt intensity at lower sodium levels. Each of these has specific advantages, disadvantages, and time lines for implementation. Currently applied approaches are resulting in sodium reduction between 20-30%. Further reduction will require new technologies. Research into the physiology of taste perception and salt receptors is an emerging area of science that is needed in order to achieve larger sodium reductions.

  17. Identifying future competitive business strategies for the U.S. furniture industry: Benchmarking and paradigm shifts

    Treesearch

    Albert Schuler; Urs Buehlmann

    2003-01-01

    This paper describes benchmarking activities undertaken to provide a basis for comparing the U.S. wood furniture industry with other nations that have a globally competitive furniture manufacturing industry. The second part of this paper outlines and discusses strategies that have the potential to help the U.S. furniture industry survive and thrive in a global business...

  18. 40 CFR 1611.8 - Procedure in the event of a subpoena in civil litigation.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 33 2014-07-01 2014-07-01 false Procedure in the event of a subpoena in civil litigation. 1611.8 Section 1611.8 Protection of Environment CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD TESTIMONY BY EMPLOYEES IN LEGAL PROCEEDINGS § 1611.8 Procedure in the event of a subpoena in...

  19. 40 CFR 1611.8 - Procedure in the event of a subpoena in civil litigation.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Procedure in the event of a subpoena in civil litigation. 1611.8 Section 1611.8 Protection of Environment CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD TESTIMONY BY EMPLOYEES IN LEGAL PROCEEDINGS § 1611.8 Procedure in the event of a subpoena in...

  20. The causality between smoking and lung cancer among groups and individuals: addressing issues in tobacco litigation in South Korea

    PubMed Central

    Khang, Young-Ho

    2015-01-01

    This article discusses issues on the causality between smoking and lung cancer, which have been raised during the tobacco litigation in South Korea. It should be recognized that the explanatory ability of risk factor(s) for inter-individual variations in disease occurrence is different from the causal contribution of the risk factor(s) to disease occurrence. The affected subjects of the tobacco litigation in South Korea are lung cancer patients with a history of cigarette smoking. Thus, the attributable fraction of the exposed rather than the population attributable fraction should be used in the tobacco litigation regarding the causal contribution of smoking to lung cancer. Scientific evidence for the causal relationship between smoking and lung cancer is based on studies of individuals and groups, studies in animals and humans, studies that are observational or experimental, studies in laboratories and communities, and studies in both underdeveloped and developed countries. The scientific evidence collected is applicable to both groups and individuals. The probability of causation, which is calculated based on the attributable fraction for the association between smoking and lung cancer, could be utilized as evidence to prove causality in individuals. PMID:26137845

  1. The causality between smoking and lung cancer among groups and individuals: addressing issues in tobacco litigation in South Korea.

    PubMed

    Khang, Young-Ho

    2015-01-01

    This article discusses issues on the causality between smoking and lung cancer, which have been raised during the tobacco litigation in South Korea. It should be recognized that the explanatory ability of risk factor(s) for inter-individual variations in disease occurrence is different from the causal contribution of the risk factor(s) to disease occurrence. The affected subjects of the tobacco litigation in South Korea are lung cancer patients with a history of cigarette smoking. Thus, the attributable fraction of the exposed rather than the population attributable fraction should be used in the tobacco litigation regarding the causal contribution of smoking to lung cancer. Scientific evidence for the causal relationship between smoking and lung cancer is based on studies of individuals and groups, studies in animals and humans, studies that are observational or experimental, studies in laboratories and communities, and studies in both underdeveloped and developed countries. The scientific evidence collected is applicable to both groups and individuals. The probability of causation, which is calculated based on the attributable fraction for the association between smoking and lung cancer, could be utilized as evidence to prove causality in individuals.

  2. 44 CFR 5.88 - Testimony in litigation in which the United States is a party.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 44 Emergency Management and Assistance 1 2012-10-01 2011-10-01 true Testimony in litigation in which the United States is a party. 5.88 Section 5.88 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION...

  3. 44 CFR 5.88 - Testimony in litigation in which the United States is a party.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 44 Emergency Management and Assistance 1 2011-10-01 2011-10-01 false Testimony in litigation in which the United States is a party. 5.88 Section 5.88 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION...

  4. 44 CFR 5.88 - Testimony in litigation in which the United States is a party.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 44 Emergency Management and Assistance 1 2013-10-01 2013-10-01 false Testimony in litigation in which the United States is a party. 5.88 Section 5.88 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION...

  5. 44 CFR 5.88 - Testimony in litigation in which the United States is a party.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 44 Emergency Management and Assistance 1 2014-10-01 2014-10-01 false Testimony in litigation in which the United States is a party. 5.88 Section 5.88 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION...

  6. Beyond the Title VII Framework: Racial Quotas and Teacher Employment Policies in School Desegregation Litigation.

    ERIC Educational Resources Information Center

    Clague, Monique Weston

    This chapter focuses on school desegregation litigation and attendant employment-related remedies decreed or rejected by the federal courts. The overarching remedial theory governing relief in school desegregation cases differs from that governing employment discrimination cases in that the central issue is equal educational opportunity, even…

  7. 44 CFR 5.88 - Testimony in litigation in which the United States is a party.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Testimony in litigation in which the United States is a party. 5.88 Section 5.88 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION...

  8. Analysis of medical litigation among patients with medical disputes in cosmetic surgery in Taiwan.

    PubMed

    Lyu, Shu-Yu; Liao, Chuh-Kai; Chang, Kao-Ping; Tsai, Shang-Ta; Lee, Ming-Been; Tsai, Feng-Chou

    2011-10-01

    This study aimed to investigate the key factors in medical disputes (arguments) among female patients after cosmetic surgery in Taiwan and to explore the correlates of medical litigation. A total of 6,888 patients (3,210 patients from two hospitals and 3,678 patients from two clinics) received cosmetic surgery from January 2001 to December 2009. The inclusion criteria specified female patients with a medical dispute. Chi-square testing and multiple logistic regression analysis were used to analyze the data. Of the 43 patients who had a medical dispute (hospitals, 0.53%; clinics, 0.73%), 9 plaintiffs eventually filed suit against their plastic surgeons. Such an outcome exhibited a decreasing annual trend. The hospitals and clinics did not differ significantly in terms of patient profiles. The Chi-square test showed that most patients with a medical dispute (p < 0.05) were older than 30 years, were divorced or married, had received operations under general anesthesia, had no economic stress, had a history of medical litigation, and eventually did not sue the surgeons. The test results also showed that the surgeon's seniority and experience significantly influenced the possibility of medical dispute and nonlitigation. Multiple logistical regression analysis further showed that the patients who did decide to enter into litigation had two main related factors: marital stress (odds ratio [OR], 10.67; 95% confidence interval [CI], 1.20-94.73) and an education level below junior college (OR, 9.33; 95% CI, 1.01-86.36). The study findings suggest that the key characteristics of patients and surgeons should be taken into consideration not only in the search for ways to enhance pre- and postoperative communication but also as useful information for expert testimony in the inquisitorial law system.

  9. Competition in health care: strategies from other industries.

    PubMed

    Himmelsbach, W A

    1984-11-01

    Health care managers can learn to adjust to competition by observing companies in other deregulated industries. Six basic strategies will separate the winners from the losers: Increase market share. This strategy requires not only increasing the share of current markets but also introducing new products and services into new markets. Scrutinize operations. Managers must be knowledgeable about strategic planning, adept at product line analysis, and skillful in using management information systems. Prune where necessary. Operations must be periodically reviewed to assess whether programs, products, and services continue to be profitable. Increase productivity. Productivity in this labor-intensive industry is essential. Wages may have to be reduced and staffing levels changed in the future to permit better control of labor costs. Increasing the volume of service, investing in nonclinical technology, and encouraging employee ideas also should be considered in seeking higher productivity. Strengthen the balance sheet. Hospitals should avoid incurring both long- and short-term debt, and they should attempt to accelerate repayment of long-term debt. Not-for-profit hospitals should investigate joint ventures, which spread the financial risk among investors, as means to raise capital to expand their operations. Increase cash. Prudent organizations will establish reserve funds, adopt fund-raising programs, and initiate improved cash collection systems. Health care executives also should reflect on how deregulation may affect their employees, the poor, and access to sophisticated medical procedures. The successful health care organization eventually will position itself in line not only with its markets but also with its mission and values.

  10. Protest, Politics, and Litigation: Political and Social Change in Mississippi from 1965 to the Present.

    ERIC Educational Resources Information Center

    Parker, Frank R.

    1988-01-01

    Examines the gains in voting, schooling, and employment made by Blacks in Mississippi since the passage of the 1965 Voting Rights Act. Discusses the effects of affirmative action and civil rights litigation, listing resources on "Lawyers and the Civil Rights Movement." Presents a glossary of legal terms. (GEA)

  11. "Stay away from them until you're old enough to make a decision": tobacco company testimony about youth smoking initiation.

    PubMed

    Wakefield, Melanie; McLeod, Kim; Perry, Cheryl L

    2006-12-01

    To determine common themes used by US tobacco industry witnesses pertaining to youth smoking initiation during litigation in the United States. Qualitative thematic analysis of transcripts from 29 tobacco litigation cases dating from 1992 to 2002. Youth smoking is portrayed by the tobacco industry as a source of great concern to them. Youth smoking prevention programmes developed by US tobacco companies are supposedly intended to delay decision-making about smoking until age 18, when individuals are then seen to be of an age where they are able to "choose to smoke". Tobacco industry media campaigns, youth access, community and school-based programmes are predicated on peer influence, parental factors, and commercial access being the primary influences on youth smoking uptake, rather than tobacco marketing, inaccurate risk appraisal, price and other factors known to influence youth smoking. Despite substantial financial investment in tobacco industry programmes, their witnesses were able to describe only weak evaluation methods, being preoccupied with measures of message comprehension, programme reach and uptake, and the associated costs of their efforts, rather than any evaluation designed to assess effects on youth smoking behaviour. Stated concerns about youth smoking and youth smoking prevention programmes are put forward in litigation as evidence that the tobacco industry is "serious" about tackling youth smoking, and serve as a primary strategy to improve the tobacco industry's public image. The tobacco industry's evaluation of the effectiveness of their youth smoking prevention programmes is demonstrably insufficient under current public health evaluation standards. Public health and welfare agencies should avoid engagement with tobacco industry-sponsored programmes.

  12. Lifting All Boats? Finance Litigation, Education Resources, and Student Needs in the Post-"Rose" Era

    ERIC Educational Resources Information Center

    Sims, David P.

    2011-01-01

    "Rose v. Council for Better Education" (1989) is often considered a transition point in education finance litigation, heralding an era of increasing concern for measurable adequacy of education across a broad spectrum of student needs. Prior research suggests that post-Rose lawsuits had less effect on the distribution of school spending…

  13. The “Father of Stress” Meets “Big Tobacco”: Hans Selye and the Tobacco Industry

    PubMed Central

    Lee, Kelley

    2011-01-01

    The concept of stress remains prominent in public health and owes much to the work of Hans Selye (1907–1982), the “father of stress.” One of his main allies in this work has never been discussed as such: the tobacco industry. After an analysis of tobacco industry documents, we found that Selye received extensive tobacco industry funding and that his research on stress and health was used in litigation to defend the industry's interests and argue against a causal role for smoking in coronary heart disease and cancer. These findings have implications for assessing the scientific integrity of certain areas of stress research and for understanding corporate influences on public health research, including research on the social determinants of health. PMID:20466961

  14. Litigation involving DES.

    PubMed

    Rheingold, P D

    1976-01-01

    Focus is on the diethylstilbestrol (DES) litigation which has resulted from the 1971 discovery that this synthetic estrogen can cause cancer in the daughters of women who used the drug during pregnancy in an effort to prevent threatened abortion. Possibly 100 suits are pending at this time in which DES daughters claim injuries. In most of these vaginal or cervical cancer has appeared -- with or without a hysterectomy having been performed. Several women died from cancer. The fact that the use of DES occurred many years ago is the legal hurdle most troublesome to lawyers. The average women coming to a lawyer's office today has a mother who used some form of DES, perhaps in 1955. Few drugstores have records today of the prescriptions which they filled 20 years ago. It has been estimated that over the 1950-1970 period more than 200 different companies manufactured or "tabletized" under their own name DES plus a variety of similar synthetic estrogens promoted for the prevention of threatened abortion. A further hurdle caused by the passage of time is that even the records of the physicians are frequently lost. A final problem created by the age of the cases is statute of limitations. If the actual manufacturer of the DES cannot be identified, this is generally the end of the lawyer's interest in the case. The chance of the plaintiff winning may be increased if the action against all the manufacturers is a class action. Most of the pending DES suits are against the manufacturer and not against the doctor. Thus far no DES case has been tried to completion. Several have been settled by the manufacturers on the eve of the trial, generally for less than the full sum that a cancer victim would expect to receive.

  15. A New Defendant at the Table: An Overview of Missouri School Finance and Recent Litigation

    ERIC Educational Resources Information Center

    Podgursky, Michael; Smith, James; Springer, Matthew G.

    2008-01-01

    Like many other states, Missouri has gone through several rounds of school finance litigation. However, the trial just concluded was unusual in two respects. First, three taxpayers were allowed to intervene for the defense and, in the process, raise important questions concerning the efficiency of school spending and broader questions of school…

  16. 37 CFR 10.64 - Avoiding acquisition of interest in litigation or proceeding before the Office.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Avoiding acquisition of interest in litigation or proceeding before the Office. 10.64 Section 10.64 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE Patent and...

  17. Reducing medical complaints and litigation in Malaysia: turning patients' voices into opportunities.

    PubMed

    Kassim, Puteri Nemie Jahn

    2007-10-01

    One of the most important ironies of modern health care is that public expectations are rising faster than the ability of health services to meet them. Patients nowadays no longer want to be treated as passive recipients of medical care but as co-producers or partners able to manage their illnesses. Thus, it is not surprising that poor communication and failure to take into account the patient's perspective are at the heart of most formal complaints and legal actions in Malaysia. The difficulties of existing complaint procedures in Malaysia have become manifest over the years and this has been accentuated by patients becoming more willing to challenge the decisions of medical practitioners and health service management in court. To reduce the number of complaints and risks of litigation, a more patient-centred approach should be adopted. When patients voice their concern by making a complaint or inquiry, this should be seen as a unique source of information for health care services on why adverse events occur and how to prevent them. As well as reducing future harm to patients, better management of complaints should restore trust and reduce the risk of litigation, through open communication and a commitment to learn from the problem. The existing procedures for patients to be heard in Malaysia should be reviewed and incorporate features such as responsiveness, accessibility, impartiality, simplicity, speed and accountability.

  18. The Principal's Quick-Reference Guide to School Law: Reducing Liability, Litigation, and Other Potential Legal Tangles.

    ERIC Educational Resources Information Center

    Dunklee, Dennis R.; Shoop, Robert J.

    This book is designed to inform school administrators regarding school law. As a resource, it provides suggested, easy-to-understand guidelines for the avoidance of litigation. Subjects include preventive law and risk management; constitutional and statutory foundations of staff selection, contracting, and evaluation; negligent hiring, defamation,…

  19. 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.

  20. Liability and Litigation Risks for Colleges and Schools of Pharmacy

    PubMed Central

    Van Dusen, Virgil

    2011-01-01

    The potential for legal liability involving faculty members and students in higher education settings is a topic that warrants serious attention by administrators. Specific areas identified as high risk include dismissal of a faculty member, denial of tenure, misappropriation of grant-funding, intellectual property conflicts, Family and Medical Leave Act (FMLA) issues, sexual harassment, student suspension, disabilities, and student privacy issues. Examples of litigation in the higher-education setting are presented, along with a list of online resources for additional information. It is important for higher education administrators, faculty members, staff members, and students to recognize the currently accepted legal rights and responsibilities associated with these high-risk areas. PMID:21655406

  1. The service industry strategy-A case study of tourism hotel in Taiwan

    NASA Astrophysics Data System (ADS)

    Lu, Chunwei; Huang, Jui-Chan; Wen, Hao-Ming; Hairui, Ji

    2017-06-01

    Regarding to raising living standard in Taiwan, service industry had stand more than 65% GDP and manufacturing is around 35% recently. The data from Council for Economic Planning and Development of Taiwan, in 2015, the service industry stand more than 73% of GDP, and the tourism industry has played one of the most important rules. In service industry, recently, the policy of Taiwan government encourages overseas tourists come to Taiwan for resort and it made many new tourism hotels built, and they also had to do the overall reform to satisfy their customers of global, especially respecting on Eastern Asia. In this study, experts and scholars in the fields of industry academia were interviewed. Survey were issued to the object companies and a comparative case study was conducted to analyze the influencing factors and extent to which differences on the competitive edge and strategies of Taiwan tourism hotels and those which benefit most or least from business operation current situation that conducted with governments' support and internal management. By primary data and literature reviews, this study hope that an effective reference for improving industrial competitiveness and models of competitiveness could be available for the governments and the companies.

  2. 48 CFR 252.204-7014 - Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    .... Computer software does not include computer data bases or computer software documentation. Litigation... includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction. Technical data means recorded information, regardless of the form or method...

  3. Strategies for personnel sustainable lifecycle at astronomical observatories and local industry development

    NASA Astrophysics Data System (ADS)

    Bendek, Eduardo A.; Leatherbee, Michael; Smith, Heather; Strappa, Valentina; Zinnecker, Hans; Perez, Mario

    2014-08-01

    Specialized manpower required to efficiently operate world-class observatories requires large investments in time and resources to train personnel in very specific areas of engineering. Isolation and distances to mayor cities pose a challenge to retain motivated and qualified personnel on the mountain. This paper presents strategies that we believe may be effective for retaining this specific know-how in the astronomy field; while at the same time develop a local support industry for observatory operations and astronomical instrumentation development. For this study we choose Chile as a research setting because it will host more than 60% of the world's ground based astronomical infrastructure by the end of the decade, and because the country has an underdeveloped industry for astronomy services. We identify the astronomical infrastructure that exists in the country as well as the major research groups and industrial players. We further identify the needs of observatories that could be outsourced to the local economy. As a result, we suggest spin-off opportunities that can be started by former observatory employees and therefore retaining the knowhow of experienced people that decide to leave on-site jobs. We also identify tools to facilitate this process such as the creation of a centralized repository of local capabilities and observatory needs, as well as exchange programs within astronomical instrumentation groups. We believe that these strategies will contribute to a positive work environment at the observatories, reduce the operation and development costs, and develop a new industry for the host country.

  4. A Multivariate Model and Analysis of Competitive Strategy in the U.S. Hardwood Lumber Industry

    Treesearch

    Robert J. Bush; Steven A. Sinclair

    1991-01-01

    Business-level competitive strategy in the hardwood lumber industry was modeled through the identification of strategic groups among large U.S. hardwood lumber producers. Strategy was operationalized using a measure based on the variables developed by Dess and Davis (1984). Factor and cluster analyses were used to define strategic groups along the dimensions of cost...

  5. Identifying potential environmental impacts of waste handling strategies in textile industry.

    PubMed

    Yacout, Dalia M M; Hassouna, M S

    2016-08-01

    Waste management is a successful instrument to minimize generated waste and improve environmental conditions. In spite of the large share of developing countries in the textile industry, limited information is available concerning the waste management strategies implemented for textiles on those countries and their environmental impacts. In the current study, two waste management approaches for hazardous solid waste treatment of acrylic fibers (landfill and incineration) were investigated. The main research questions were: What are the different impacts of each waste management strategy? Which waste management strategy is more ecofriendly? Life cycle assessment was employed in order to model the environmental impacts of each waste streaming approach separately then compare them together. Results revealed that incineration was the more ecofriendly approach. Highest impacts of both approaches were on ecotoxicity and carcinogenic potentials due to release of metals from pigment wastes. Landfill had an impact of 46.8 % on human health as compared to 28 % by incineration. Incineration impact on ecosystem quality was higher than landfill impact (68.4 and 51.3 %, respectively). As for resources category, incineration had a higher impact than landfill (3.5 and 2.0 %, respectively). Those impacts could be mitigated if state-of-the-art landfill or incinerator were used and could be reduced by applying waste to energy approaches for both management systems In conclusion, shifting waste treatment from landfill to incineration would decrease the overall environmental impacts and allow energy recovery. The potential of waste to energy approach by incineration with heat recovery could be considered in further studies. Future research is needed in order to assess the implementation of waste management systems and the preferable waste management strategies in the textile industry on developing countries.

  6. 12 CFR 4.39 - Notification of parties and procedures for sharing and using OCC records in litigation.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... CURRENCY, DEPARTMENT OF THE TREASURY ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION... Information § 4.39 Notification of parties and procedures for sharing and using OCC records in litigation. (a... OCC information obtained pursuant to this subpart, and, upon entry of a protective order, shall...

  7. 12 CFR 4.39 - Notification of parties and procedures for sharing and using OCC records in litigation.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... CURRENCY, DEPARTMENT OF THE TREASURY ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION... Information § 4.39 Notification of parties and procedures for sharing and using OCC records in litigation. (a... OCC information obtained pursuant to this subpart, and, upon entry of a protective order, shall...

  8. 12 CFR 4.39 - Notification of parties and procedures for sharing and using OCC records in litigation.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... CURRENCY, DEPARTMENT OF THE TREASURY ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION... Information § 4.39 Notification of parties and procedures for sharing and using OCC records in litigation. (a... OCC information obtained pursuant to this subpart, and, upon entry of a protective order, shall...

  9. Waking a sleeping giant: the tobacco industry's response to the polonium-210 issue.

    PubMed

    Muggli, Monique E; Ebbert, Jon O; Robertson, Channing; Hurt, Richard D

    2008-09-01

    The major tobacco manufacturers discovered that polonium was part of tobacco and tobacco smoke more than 40 years ago and attempted, but failed, to remove this radioactive substance from their products. Internal tobacco industry documents reveal that the companies suppressed publication of their own internal research to avoid heightening the public's awareness of radioactivity in cigarettes. Tobacco companies continue to minimize their knowledge about polonium-210 in cigarettes in smoking and health litigation. Cigarette packs should carry a radiation-exposure warning label.

  10. Litigation Friends or Foes? Representation of 'P' before the Court of Protection.

    PubMed

    Ruck Keene, Alexander; Bartlett, Peter; Allen, Neil

    2016-01-01

    This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection ('P') which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms. © The Author 2016. Published by Oxford University Press.

  11. The Research on Integrated Strategy of Supply Chain Information Systems in the Automobile Industry Based on Order-To-Delivery Mode

    NASA Astrophysics Data System (ADS)

    Li, Ming; Gan, Lianzhen; He, Xuefeng

    The automotive industry there are different degrees of impairment of many companies supply chain IT strategy. In this paper, in which the automotive industry supply chain management business cooperation between enterprises loose, poor exchange of information leading to the presence or delays in product customization, supply of raw materials, material control, production planning and control, sales and service and a fast response propose a series of typical problems of scientific and rational supply chain information integration strategy. The strategy through the development system integration platform, improve internal ERP system, implementation of supply chain management and other methods. Put some protection principles in the information process, to ensure the correct implementation of supply chain IT strategy, and ultimately achieve collaborative business development concept and enhance the automotive industry as a whole level of information.

  12. 12 CFR 4.39 - Notification of parties and procedures for sharing and using OCC records in litigation.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... CURRENCY, DEPARTMENT OF THE TREASURY ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION... Information § 4.39 Notification of parties and procedures for sharing and using OCC records in litigation. (a... information obtained pursuant to this subpart, and, upon entry of a protective order, shall provide copies of...

  13. 32 CFR 720.24 - Interviews and depositions in connection with civil litigation in matters pertaining to official...

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Interviews and depositions in connection with... Interviews and depositions in connection with civil litigation in matters pertaining to official duties. Requests to interview, depose, or call as witnesses, current or former members or civilian employees of the...

  14. 32 CFR 720.24 - Interviews and depositions in connection with civil litigation in matters pertaining to official...

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 32 National Defense 5 2011-07-01 2011-07-01 false Interviews and depositions in connection with... Interviews and depositions in connection with civil litigation in matters pertaining to official duties. Requests to interview, depose, or call as witnesses, current or former members or civilian employees of the...

  15. Deciding Who Decides Questions at the Intersection of School Finance Reform Litigation and Standards-Based Accountability Policies

    ERIC Educational Resources Information Center

    Superfine, Benjamin Michael

    2009-01-01

    Courts hearing school finance reform cases have recently begun to consider several issues related to standards-based accountability policies. This convergence of school finance reform litigation and standards-based accountability policies represents a chance for the courts to reallocate decision-making authority for each type of reform across the…

  16. The evaluation of sexual harassment litigants: reducing discrepancies in the diagnosis of posttraumatic stress disorder.

    PubMed

    Lawson, Angela K; Wright, Caroline Vaile; Fitzgerald, Louise F

    2013-10-01

    Relatively few targets of sexual harassment cope with the psychological sequelae of their experiences by engaging in litigation. Those who do are often subjected to forensic examination to evaluate their history of psychological distress or disorder and to determine whether such a condition could be reasonably attributed to the alleged harassment, as opposed to some other cause. An unbiased approach to such examinations is critical to all parties, as well as to the profession itself. This study investigates the relationship between the clinical and restructured clinical scales of the Minnesota Multiphasic Personality Inventory-2, the Trauma Symptom Inventory subscales, the Crime-Related Posttraumatic Stress Disorder (CR-PTSD) scale, and an American Psychiatric Association diagnosis (APA, Diagnostic and statistical manual of mental disorders; DSM-IV-TR; 4th ed., text rev., 2000, Washington, DC, Author) of PTSD in a sample of sexual harassment plaintiffs. All measures performed well independently, but together provided improved predictive accuracy, suggesting that the use of multiple validated measures as well as structured diagnostic interviews may help us better understand litigants' experiences and reduce bias in evaluations. PsycINFO Database Record (c) 2013 APA, all rights reserved

  17. Claims, liabilities, injures and compensation payments of medical malpractice litigation cases in China from 1998 to 2011.

    PubMed

    Li, Heng; Wu, Xiangcheng; Sun, Tao; Li, Li; Zhao, Xiaowen; Liu, Xinyan; Gao, Lei; Sun, Quansheng; Zhang, Zhong; Fan, Lihua

    2014-09-13

    Although China experienced great improvement in their health system, disputes between patients and doctors have increasingly intensified, reaching an unprecedented level. Retrospective analysis of medical malpractice litigation can discover the characteristics and fundamental cause of these disagreements. We analyzed medical malpractice litigation data from 1998 to 2011 for characteristics of claims via a litigation database within a nationwide database of cases (1086 cases) in China, including claims, liabilities, injures, and compensation payments. Among the cases analyzed, 76 percent of claims received compensation in civil judgment (640 out of 841), while 93 percent were fault liability in paid judgment (597 out of 640). The average time span between the occurrence of the injury dispute and closure of claims was 3 years. Twenty-two percent of claims (183 of 841) were caused by injury, poisoning, and other external causes. Seventy-nine percent of claims (472 of 597) were contributed to by errors in medical technology. The median damage compensation payment for death was significantly lower than for serious injuries (P < 0.001; death, $13270 [IQR, $7617-$23181]; serious injury, $23721 [IQR, $10367-$57058]). Finally, there was no statistically significant difference in the median mental compensation between minor injury, serious injury, and death (P = 0.836). The social reasons for the conflict and high payment were catastrophic out-of-pocket health-care expense in addition to the high expectations for treatment in China. There were no distinguishing features between China and other countries with respect to time of suits, facilities, and specialties in these claims. The compensation for damages in different medical injuries was unfair in China.

  18. Enhancing industry-based dissemination of an occupational sun protection program with theory-based strategies employing personal contact.

    PubMed

    Buller, David B; Andersen, Peter A; Walkosz, Barbara J; Scott, Michael D; Cutter, Gary R; Dignan, Mark B; Kane, Ilima L; Zhang, Xiao

    2012-01-01

    Industry-based strategies for dissemination of an evidence-based occupational sun protection program, Go Sun Smart (GSS), were tested. Two dissemination strategies were compared in a randomized trial in 2004-2007. The North American ski industry. Ski areas in the United States and Canada (n  =  69) and their senior managers (n  =  469). Employers received GSS through a basic dissemination strategy (BDS) from the industry's professional association that included conference presentations and free starter kits. Half of the areas also received the enhanced dissemination strategy (EDS), in which project staff met face-to-face with managers and made ongoing contacts to support program use. Observation of program materials in use and managers' reports on communication about sun protection. The effects of two alternative dissemination strategies were compared on program use using PROC MIXED in SAS, adjusted for covariates using one-tailed p values. Ski areas receiving the EDS used more GSS materials (x¯  =  7.36) than those receiving the BDS (x¯  =  5.17; F  =  7.82, p < .01). Managers from more areas receiving the EDS reported communicating about sun protection in employee newsletters/flyers (x¯  =  .97, p  =  .04), in guest e-mail messages (x¯  =  .75, p  =  .02), and on ski area Web sites (x¯  =  .38, p  =  .02) than those receiving the BDS (x¯  =  .84, .50, .15, respectively). Industry professional associations play an important role in disseminating prevention programs; however, active personal communication may be essential to ensure increased implementation fidelity.

  19. 'The industry must be inconspicuous': Japan Tobacco's corruption of science and health policy via the Smoking Research Foundation.

    PubMed

    Iida, Kaori; Proctor, Robert N

    2018-02-04

    To investigate how and why Japan Tobacco, Inc. (JT) in 1986 established the Smoking Research Foundation (SRF), a research-funding institution, and to explore the extent to which SRF has influenced science and health policy in Japan. We analysed documents in the Truth Tobacco Industry Documents archive, along with recent Japanese litigation documents and published documents. JT's effort to combat effective tobacco control was strengthened in the mid-1980s, following privatisation of the company. While remaining under the protection of Japan's Ministry of Finance, the semiprivatised company lost its 'access to politicos', opening up a perceived need for collaboration with global cigarette makers. One solution, arrived at through clandestine planning with American companies, was to establish a third-party organisation, SRF, with the hope of capturing scientific and medical authority for the industry. Guarded by powerful people in government and academia, SRF was launched with the covert goal of influencing tobacco policy both inside and outside Japan. Scholars funded by SRF have participated in international conferences, national advisory committees and tobacco litigation, in most instances helping the industry to maintain a favourable climate for the continued sale of cigarettes. Contrary to industry claims, SRF was never meant to be independent or neutral. With active support from foreign cigarette manufacturers, SRF represents the expansion into Asia of the denialist campaign that began in the USA in 1953. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2018. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

  20. “Everyone knew but no one had proof”: tobacco industry use of medical history expertise in US courts, 1990–2002

    PubMed Central

    Proctor, Robert N

    2006-01-01

    Historians have played an important role in recent tobacco litigation, helping the industry with its defence of “common knowledge” and “open controversy”. Historians re‐narrate the past, creating an account for judges and juries that makes it appear that “everyone has always known” that cigarettes are harmful, meaning that smokers have only themselves to blame for their illnesses. Medical historians are also employed to argue that “honest doubts” persisted in the medical community long past the 1950s, justifying as responsible the industry's longstanding claim of “no proof” of hazards. The industry's experts emphasise the “good science” supported by the industry, and ignore the industry's role in spreading doubts about the reality of tobacco hazards. PMID:17130619

  1. Legal process, litigation, and judicial decisions.

    PubMed

    Beresford, H Richard

    2013-01-01

    Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

  2. Patent Deployment Strategies and Patent Value in LED Industry

    PubMed Central

    Wu, Ming-Fu; Chang, Keng-Wei; Zhou, Wei; Hao, Juan; Yuan, Chien-Chung; Chang, Ke-Chiun

    2015-01-01

    This study applies two variables in the measurement of company patent deployment strategies: patent family depth and earn plan ratio. Patent family depth represents the degree to which certain fields and markets are valued by the patent owner. Earn plan ratio defined as the ratio of the number of patent forward citations to patent family size. Earn plan ratio indicates the degree to which a patent family could be cited by later innovators and competitors. This study applies a logistic regression model in the analysis LED industry data. The results demonstrate that patent value has a positive relationship with the patent family depth, and earn plan ratio. PMID:26098313

  3. Patent Deployment Strategies and Patent Value in LED Industry.

    PubMed

    Wu, Ming-Fu; Chang, Keng-Wei; Zhou, Wei; Hao, Juan; Yuan, Chien-Chung; Chang, Ke-Chiun

    2015-01-01

    This study applies two variables in the measurement of company patent deployment strategies: patent family depth and earn plan ratio. Patent family depth represents the degree to which certain fields and markets are valued by the patent owner. Earn plan ratio defined as the ratio of the number of patent forward citations to patent family size. Earn plan ratio indicates the degree to which a patent family could be cited by later innovators and competitors. This study applies a logistic regression model in the analysis LED industry data. The results demonstrate that patent value has a positive relationship with the patent family depth, and earn plan ratio.

  4. Contaminated earth and water: a legacy of the synthetic dyestuffs industry.

    PubMed

    Travis, Anthony S

    2002-03-01

    This paper demonstrates that the subject of the transport and fate of waste from the synthetic dye industry in far more than a footnote in history. It is actually a major chapter, encompassing both Europe and the United States. Indeed, in the 1990s there was as much interest in the history of the industry and its wastes among environmental litigators, particularly in the United States, as there was in the history of the dye industry among historians of chemistry. Review and analysis of various sources (ranging from expert reports, through early legislation, lobbying by and on behalf of the synthetic dyestuffs industry, methods of chemical detection and identification, and processes of waste handling and treatment) make it clear that much was known about the persistent and problematic nature of this waste. This included soil and groundwater contamination, as well as surface water pollution. There were considerable efforts to regulate manufacturers before 1890, but after that time the political and economic muscle of industry prevailed and prevented effective remedial action. Until the mid-twentieth century the industry effectively exerted its own destiny, self-regulatory and otherwise, even in the face of opposition.

  5. Study on Reuse Strategy of Abandoned Industrial Square - in the case of Jingxi Wang Ping Coal Mine

    NASA Astrophysics Data System (ADS)

    Li, Xiaodan; Chen, Zhiting; Jia, Lijun; Wu, Wei; Zhang, Hailiang; Ma, Tianyi; Wang, Tao

    2018-06-01

    Wangping Coal Mine, whose industrial heritage is of great value, was one of the eight coal mines in Beijing. A large number of field surveys and analysis of the abandoned industrial facilities of Wangping Coal Mine were carried out in this paper. From the perspective of protecting industrial heritage culture and sustainable development, this paper studies the ideas and strategies for reusing the abandoned facilities of the Wangping Coal Mine. In order to protect its industrial heritage as much as possible, it is suggested to reuse the industrial square of Wangping Coal Mine as a community park.

  6. NASA Symposium on Productivity and Quality: Strategies for Improving Operations in Government and Industry

    NASA Technical Reports Server (NTRS)

    1984-01-01

    The purpose of the Symposium is to increase the awareness of productivity and quality issues in the United States, and to foster national initiatives through government and industry executive leadership. The Symposium will provide a forum for discussion of white-collar productivity issues by experienced executives from successful organizations and an opportunity to share information learned through Productivity initiatives in govemment, industry and academic organizations. It will focus on white-collar organizational issues that are common to large companies and technology oriented organizations. The Symposium program will include strategies for improving operations in government and industry and will be responsive to the management issues viewed necessary to increase our nation's productivity growth rate.

  7. Petroleum Based Development and the Private Sector: A Critique of the Saudi Arabian Industrialization Strategy

    DTIC Science & Technology

    1985-01-01

    1985 2. REPORT TYPE 3. DATES COVERED 00-00-1985 to 00-00-1985 4. TITLE AND SUBTITLE Petroleum Based Development and the Private Sector : A...PETROLEUM BASED DEVELOPMENT AND THE PRIVATE SECTOR : A CRITIQUE OF THE SAUDI ARABIAN INDUSTRIALIZATION STRATEGY By Robert E. Looney In almost every country...providing incentives and external economies to the private sector to establish a number of industries supplying the basic consumer and development needs of

  8. Tobacco industry strategies to undermine the 8th World Conference on Tobacco or Health

    PubMed Central

    Muggli, M; Hurt, R

    2003-01-01

    Objective: To demonstrate that Philip Morris and British American Tobacco Company attempted to initiate a wide ranging campaign to undermine the success of the 8th World Conference on Tobacco or Health held in Buenos Aires, Argentina, in 1992. Data sources: Publicly available tobacco industry documents housed in Minneapolis, Minnesota, USA; Guilford, UK; on-line document websites; and telephone interviews with informed parties. Study selection: Those documents determined to be relevant to the companies' campaigns against the 8th World Conference on Tobacco or Health. Data extraction: Revision of chapter VIII of the July 2000 WHO report by a committee of experts, entitled: Tobacco company strategies to undermine tobacco control activities at the World Health Organization: report of the committee of experts on tobacco industry documents. Data synthesis: Internal documents describe proposed media and science orientated campaigns developed by BAT, Philip Morris, and their consultants to divert attention away from the conference. Results and conclusion: This work shows that the tobacco industry has the resources and vested interest to combat perceived threats in its regional operating markets, in this case its Latin American market. It is important for the worldwide public heath community to become aware of the numerous ways in which the tobacco industry and its front groups can work against international tobacco control meetings, even including the manipulation of or working with other public health groups to oppose tobacco control efforts. Future world conference planners and participants should be aware that the tobacco industry is likely to continue to employ such methodology. There is no reason to think that the industry is paying less attention to such conferences in the present or future. Rather, it is likely the industry will adopt and expand strategies that were successful while abandoning those that were not effective. Required disclosure of financial support

  9. [Research strategies for feed additives and veterinary medicines from side products of Chinese medicine resources industrialization].

    PubMed

    Zhao, Ming; Duan, Jin-Ao; Zhang, Sen; Guo, Sheng; Su, Shu-Lan; Wu, Qi-Nan; Tang, Yu-Ping; Zeng, Jian-Guo

    2017-09-01

    The global antimicrobial resistance has been a big challenge to the human health for years. It has to make balance between the safety of animal products and the use of antimicrobials in animal husbandry. Any methods that can minimize or even phase out the use of antimicrobials in animal husbandry should be encouraged. We herein describe the research strategies for feed additives and veterinary medicines from the side products of Chinese medicine resources industrialization. Killing two birds with one stone-besides the major purposes, the rational utilization of non-medicinal parts and wastes of industrialization of Chinese herbal medicines is also achieved under the proposed strategies. Copyright© by the Chinese Pharmaceutical Association.

  10. Life cycle assessment-driven selection of industrial ecology strategies.

    PubMed

    Ardente, Fulvio; Cellura, Maurizio; Lo Brano, Valerio; Mistretta, Marina

    2010-01-01

    The paper presents an application of the Life-Cycle Assessment (LCA) to the planning and environmental management of an “eco-industrial cluster.” A feasibility study of industrial symbiosis in southern Italy is carried out, where interlinked companies share subproducts and scraps, services, structures, and plants to reduce the related environmental impact. In particular, the research focuses on new recycling solutions to create open recycling loops in which plastic subproducts and scraps are transferred to external production systems. The main environmental benefits are the reduction of resource depletion, air emissions, and landfilled wastes. The proposed strategies are also economically viable and they suggest cost abatement for the involved companies. This research shows the need for a multidisciplinary approach to data processing and to complexity managing of the investigated systems. In this context, life-cycle thinking is required to be promoted throughout the economy, as well to be as a part of all decisions on products and other criteria such as functionality, health, and safety. The Life-Cycle Assessment approach can be assumed as a methodology for influencing decision makers to make sustainable choices.

  11. Litigation Friends or Foes? Representation of ‘P’ before the Court of Protection

    PubMed Central

    Ruck Keene, Alexander; Bartlett, Peter; Allen, Neil

    2016-01-01

    This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection (‘P’) which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms. PMID:28007807

  12. 9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2013-01-01 2013-01-01 false Litigation as to whether a system is...

  13. 9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2012-01-01 2012-01-01 false Litigation as to whether a system is...

  14. 9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2011-01-01 2011-01-01 false Litigation as to whether a system is...

  15. 9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Litigation as to whether a system is...

  16. 9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2014-01-01 2014-01-01 false Litigation as to whether a system is...

  17. Assessing Success in School Finance Litigation: The Case of New Jersey. Education, Equity, and the Law. No. 1

    ERIC Educational Resources Information Center

    Goertz, Margaret E.; Weiss, Michael

    2009-01-01

    Education finance policy in New Jersey has been shaped by over 30 years of school finance litigation. Through its decisions in "Robinson v. Cahill" (1973-1976) and "Abbott v. Burke" (1985-2005), the justices of New Jersey's supreme court have defined the state's constitutional guarantee of a "thorough and efficient"…

  18. Enhancing Industry-based Dissemination of an Occupational Sun Protection Program with Theory-based Strategies Employing Personal Contact

    PubMed Central

    Buller, David B.; Andersen, Peter A.; Walkosz, Barbara J.; Scott, Michael D.; Cutter, Gary R.; Dignan, Mark B.; Kane, Ilima L.; Zhang, Xiao

    2012-01-01

    Purpose Industry-based strategies for dissemination of an evidence-based occupational sun protection program, Go Sun Smart (GSS), were tested. Design Two dissemination strategies were compared in a randomized trial in 2004 – 2007. Setting The North American ski industry. Subjects Ski areas in the United States and Canada (n=69) and their senior managers (n=469). Intervention Employers received GSS through a Basic Dissemination Strategy (BDS) from the industry’s professional association which included conference presentations and free starter kits. Half of the areas also received the Enhanced Dissemination Strategy (EDS), in which project staff met face-to-face with managers and made ongoing contacts to support program use. Measures Observation of program materials in use and managers’ reports on communication about sun protection. Analysis The effects of two alternative dissemination strategies were compared on program use using PROC MIXED in SAS, adjusted for covariates using 1-tailed p-values. Results Ski areas receiving the EDS used more GSS materials (M=7.36) than those receiving the BDS (M=5.17; F=7.82, p<.01). Managers from more areas receiving the EDS reported communicating about sun protection in employee newsletters/flyers (M=0.97, p=.04), in guest email messages (M=0.75, p=.02), and on ski area websites (M=0.38, p=.02) than those receiving the BDS (M=0.84, 0.50, 0.15, respectively). Conclusion Industry professional associations play an important role in disseminating prevention programs; however, active personal communication may be essential to ensure increased implementation fidelity. PMID:22747318

  19. 75 FR 8045 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-02-23

    ... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and its Enforcement of Section 11(b) of the Voting Rights Act Correction Notice document 2010-3168 appearing on page 7441 in the issue of Friday, February 19, 2010 was included in error...

  20. The penumbra of thalidomide, the litigation culture and the licensing of pharmaceuticals

    PubMed Central

    2012-01-01

    Fifty years ago several thousand children were born with severe limb defects after their mothers had been given thalidomide in pregnancy. This tragedy caused procedures for licensing new medicines to become much stricter. Where, nevertheless, significant side effects were found it became common to sue for damages. These consequences have caused possibly an even greater disaster damaging many more people and threatening ruin to health services everywhere. The huge increase in both time and cost in bringing medicines to market is increasing their price to unsupportable levels; and only wealthy companies are now able to do so. This requires reform as does litigation for ‘statistical’ harmful effects. PMID:22908318

  1. Validation and implementation of model based control strategies at an industrial wastewater treatment plant.

    PubMed

    Demey, D; Vanderhaegen, B; Vanhooren, H; Liessens, J; Van Eyck, L; Hopkins, L; Vanrolleghem, P A

    2001-01-01

    In this paper, the practical implementation and validation of advanced control strategies, designed using model based techniques, at an industrial wastewater treatment plant is demonstrated. The plant under study is treating the wastewater of a large pharmaceutical production facility. The process characteristics of the wastewater treatment were quantified by means of tracer tests, intensive measurement campaigns and the use of on-line sensors. In parallel, a dynamical model of the complete wastewater plant was developed according to the specific kinetic characteristics of the sludge and the highly varying composition of the industrial wastewater. Based on real-time data and dynamic models, control strategies for the equalisation system, the polymer dosing and phosphorus addition were established. The control strategies are being integrated in the existing SCADA system combining traditional PLC technology with robust PC based control calculations. The use of intelligent control in wastewater treatment offers a wide spectrum of possibilities to upgrade existing plants, to increase the capacity of the plant and to eliminate peaks. This can result in a more stable and secure overall performance and, finally, in cost savings. The use of on-line sensors has a potential not only for monitoring concentrations, but also for manipulating flows and concentrations. This way the performance of the plant can be secured.

  2. Students' Strategies for Learning Identities as Industrial Workers in a Swedish Upper Secondary School VET Programme

    ERIC Educational Resources Information Center

    Ferm, Lisa; Persson Thunqvist, Daniel; Svensson, Louise; Gustavsson, Maria

    2018-01-01

    The aim of this article is to investigate the learning strategies vocational students use to become part of a work community, and how these strategies are related to the formation of a vocational identity at the workplace. Conducting qualitative interviews, data were collected from 44 industrial programme students from six upper secondary schools.…

  3. The Social, Political, Economic, and Legal Aspects of Affirmative Action Admission Litigation from 2002-2007 for Five Universities

    ERIC Educational Resources Information Center

    De Mars, Douglas V.

    2010-01-01

    Litigation against colleges and universities has prompted the need to re-examine the legalities of the means by which they strive for a diverse student population. Court decisions have resulted in mixed signals about the use of various types of affirmative action policies. This study' method presented an analysis of archival data to provide a…

  4. The Magnetic Sentences Industry Game: A Competitive In-Class Experience of Business-Level Strategy

    ERIC Educational Resources Information Center

    Casile, Maureen; Wheeler, Jane V.

    2005-01-01

    The Magnetic Sentences Industry Game is a high-energy in-class exercise designed to help students gain hands-on experience with setting, implementing, evaluating, and revising business-level strategy. Students compete in teams to create and market sentences using Magnetic Poetry (a product of Magnetic Poetry, Inc.). Revenues earned are highly…

  5. Strategies to characterize fungal lipases for applications in medicine and dairy industry.

    PubMed

    Gopinath, Subash C B; Anbu, Periasamy; Lakshmipriya, Thangavel; Hilda, Azariah

    2013-01-01

    Lipases are water-soluble enzymes that act on insoluble substrates and catalyze the hydrolysis of long-chain triglycerides. Lipases play a vital role in the food, detergent, chemical, and pharmaceutical industries. In the past, fungal lipases gained significant attention in the industries due to their substrate specificity and stability under varied chemical and physical conditions. Fungal enzymes are extracellular in nature, and they can be extracted easily, which significantly reduces the cost and makes this source preferable over bacteria. Soil contaminated with spillage from the products of oil and dairy harbors fungal species, which have the potential to secrete lipases to degrade fats and oils. Herein, the strategies involved in the characterization of fungal lipases, capable of degrading fatty substances, are narrated with a focus on further applications.

  6. Strategies to Characterize Fungal Lipases for Applications in Medicine and Dairy Industry

    PubMed Central

    Gopinath, Subash C. B.; Anbu, Periasamy; Lakshmipriya, Thangavel; Hilda, Azariah

    2013-01-01

    Lipases are water-soluble enzymes that act on insoluble substrates and catalyze the hydrolysis of long-chain triglycerides. Lipases play a vital role in the food, detergent, chemical, and pharmaceutical industries. In the past, fungal lipases gained significant attention in the industries due to their substrate specificity and stability under varied chemical and physical conditions. Fungal enzymes are extracellular in nature, and they can be extracted easily, which significantly reduces the cost and makes this source preferable over bacteria. Soil contaminated with spillage from the products of oil and dairy harbors fungal species, which have the potential to secrete lipases to degrade fats and oils. Herein, the strategies involved in the characterization of fungal lipases, capable of degrading fatty substances, are narrated with a focus on further applications. PMID:23865040

  7. The alternative strategies of the development of the nuclear power industry in the 21st century

    NASA Astrophysics Data System (ADS)

    Goverdovskii, A. A.; Kalyakin, S. G.; Rachkov, V. I.

    2014-05-01

    This paper emphasizes the urgency of scientific-and-technical and sociopolitical problems of the modern nuclear power industry without solving of which the transition from local nuclear power systems now in operation to a large-scale nuclear power industry would be impossible. The existing concepts of the longterm strategy of the development of the nuclear power industry have been analyzed. On the basis of the scenarios having been developed it was shown that the most promising alternative is the orientation towards the closed nuclear fuel cycle with fast neutron reactors (hereinafter referred to as fast reactors) that would meet the requirements on the acceptable safety. It was concluded that the main provisions of "The Strategy of the Development of the Nuclear Power Industry of Russia for the First Half of the 21st Century" approved by the Government of the Russian Federation in the year 2000 remain the same at present as well, although they require to be elaborated with due regard for new realities in the market for fossil fuels, the state of both the Russian and the world economy, as well as tightening of requirements related to safe operation of nuclear power stations (NPSs) (for example, after the severe accident at the Fukushima nuclear power station, Japan) and nonproliferation of nuclear weapons.

  8. Targeting youth and concerned smokers: evidence from Canadian tobacco industry documents.

    PubMed

    Pollay, R W

    2000-06-01

    To provide an understanding of the targeting strategies of cigarette marketing, and the functions and importance of the advertising images chosen. Analysis of historical corporate documents produced by affiliates of British American Tobacco (BAT) and RJ Reynolds (RJR) in Canadian litigation challenging tobacco advertising regulation, the Tobacco Products Control Act (1987): Imperial Tobacco Limitee & RJR-Macdonald Inc c. Le Procurer General du Canada. Careful and extensive research has been employed in all stages of the process of conceiving, developing, refining, and deploying cigarette advertising. Two segments commanding much management attention are "starters" and "concerned smokers". To recruit starters, brand images communicate independence, freedom and (sometimes) peer acceptance. These advertising images portray smokers as attractive and autonomous, accepted and admired, athletic and at home in nature. For "lighter" brands reassuring health concerned smokers, lest they quit, advertisements provide imagery conveying a sense of well being, harmony with nature, and a consumer's self image as intelligent. The industry's steadfast assertions that its advertising influences only brand loyalty and switching in both its intent and effect is directly contradicted by their internal documents and proven false. So too is the justification of cigarette advertising as a medium creating better informed consumers, since visual imagery, not information, is the means of advertising influence.

  9. Industry 4.0: Reality, Future or just Science Fiction? How to Convince Today's Management to Invest in Tomorrow's Future! Successful Strategies for Industry 4.0 and Manufacturing IT.

    PubMed

    Gentner, Stephan

    Manufacturing IT and Industry 4.0 is the Fourth Industrial Revolution with a potential of 12 bn Euros in Germany's chemicals industry. But Switzerland is currently the best prepared of all countries in Europe. Many of the ideas are still very vague. This article discusses how to identify what is already reality, which ideas might become reality in the future and which ideas will stay science fiction. As projects in Manufacturing IT and Industry 4.0 are different from classical technical projects other strategies, for example agile project management, are necessary to secure success.

  10. 31 CFR 370.39 - To what extent is a digital signature admissible in any civil litigation or dispute?

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 31 Money and Finance:Treasury 2 2011-07-01 2011-07-01 false To what extent is a digital signature... Submission of Transaction Requests Through the Bureau of the Public Debt § 370.39 To what extent is a digital signature admissible in any civil litigation or dispute? In asserting a digital signature against you in any...

  11. 31 CFR 370.39 - To what extent is a digital signature admissible in any civil litigation or dispute?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false To what extent is a digital signature... Submission of Transaction Requests Through the Bureau of the Public Debt § 370.39 To what extent is a digital signature admissible in any civil litigation or dispute? In asserting a digital signature against you in any...

  12. The Polonium brief: a hidden history of cancer, radiation, and the tobacco industry.

    PubMed

    Rego, Brianna

    2009-09-01

    The first scientific paper on polonium-210 in tobacco was published in 1964, and in the following decades there would be more research linking radioisotopes in cigarettes with lung cancer in smokers. While external scientists worked to determine whether polonium could be a cause of lung cancer, industry scientists silently pursued similar work with the goal of protecting business interests should the polonium problem ever become public. Despite forty years of research suggesting that polonium is a leading carcinogen in tobacco, the manufacturers have not made a definitive move to reduce the concentration of radioactive isotopes in cigarettes. The polonium story therefore presents yet another chapter in the long tradition of industry use of science and scientific authority in an effort to thwart disease prevention. The impressive extent to which tobacco manufacturers understood the hazards of polonium and the high executive level at which the problem and potential solutions were discussed within the industry are exposed here by means of internal documents made available through litigation.

  13. Mapping tobacco industry strategies in South East Asia for action planning and surveillance

    PubMed Central

    Stillman, F; Hoang, M; Linton, R; Ritthiphakdee, B; Trochim, W

    2008-01-01

    Objective: To develop a comprehensive conceptual framework of tobacco industry tactics in four countries in South East Asia for the purpose of: (1) generating consensus on key areas of importance and feasibility for regional and cross country tobacco industry monitoring and surveillance; (2) developing measures to track and monitor the effects of the tobacco industry and to design counterstrategies; and (3) building capacity to improve tobacco control planning in the participating countries. Design: A structured conceptualisation methodology known as concept mapping was used. The process included brainstorming, sorting and rating of statements describing industry activities. Statistical analyses used multidimensional scaling and cluster analysis. Interpretation of the maps was participatory, using regional tobacco control researchers, practitioners, and policy makers during a face to face meeting. Participants: 31 participants in this study come from the four countries represented in the project along with six people from the Johns Hopkins Blomberg School of Public Health. Conclusions: The map shows eight clusters of industry activities within the four countries. These were arranged into four general sectors: economics, politics, public relations and deception. For project design purposes, the map indicates areas of importance and feasibility for monitoring tobacco industry activities and serves as a basis for an initial discussion about action planning. Furthermore, the development of the map used a consensus building process across different stakeholders or stakeholder agencies and is critical when developing regional, cross border strategies for tracking and surveillance. PMID:18218787

  14. MMPI-2 validity, clinical and content scales, and the Fake Bad Scale for personal injury litigants claiming idiopathic environmental intolerance.

    PubMed

    Staudenmayer, Herman; Phillips, Scott

    2007-01-01

    Idiopathic environmental intolerance (IEI) is a descriptor for nonspecific complaints that are attributed to environmental exposure. The Minnesota Multiphasic Personality Inventory 2 (MMPI-2) was administered to 50 female and 20 male personal injury litigants alleging IEI. The validity scales indicated no overreporting of psychopathology. Half of the cases had elevated scores on validity scales suggesting defensiveness, and a large number had elevations on Fake Bad Scale (FBS) suggesting overreporting of unauthenticated symptoms. The average T-score profile for females was defined by the two-point code type 3-1 (Hysteria-Hypochondriasis), and the average T-score profile for males was defined by the three-point code type 3-1-2 (Hysteria, Hypochondriasis-Depression). On the content scales, Health Concerns (HEA) scale was significantly elevated. Idiopathic environmental intolerance litigants (a) are more defensive about expressing psychopathology, (b) express distress through somatization, (c) use a self-serving misrepresentation of exaggerated health concerns, and (d) may exaggerate unauthenticated symptoms suggesting malingering.

  15. New Weapons to Fight Old Enemies: Novel Strategies for the (Bio)control of Bacterial Biofilms in the Food Industry.

    PubMed

    Coughlan, Laura M; Cotter, Paul D; Hill, Colin; Alvarez-Ordóñez, Avelino

    2016-01-01

    Biofilms are microbial communities characterized by their adhesion to solid surfaces and the production of a matrix of exopolymeric substances, consisting of polysaccharides, proteins, DNA and lipids, which surround the microorganisms lending structural integrity and a unique biochemical profile to the biofilm. Biofilm formation enhances the ability of the producer/s to persist in a given environment. Pathogenic and spoilage bacterial species capable of forming biofilms are a significant problem for the healthcare and food industries, as their biofilm-forming ability protects them from common cleaning processes and allows them to remain in the environment post-sanitation. In the food industry, persistent bacteria colonize the inside of mixing tanks, vats and tubing, compromising food safety and quality. Strategies to overcome bacterial persistence through inhibition of biofilm formation or removal of mature biofilms are therefore necessary. Current biofilm control strategies employed in the food industry (cleaning and disinfection, material selection and surface preconditioning, plasma treatment, ultrasonication, etc.), although effective to a certain point, fall short of biofilm control. Efforts have been explored, mainly with a view to their application in pharmaceutical and healthcare settings, which focus on targeting molecular determinants regulating biofilm formation. Their application to the food industry would greatly aid efforts to eradicate undesirable bacteria from food processing environments and, ultimately, from food products. These approaches, in contrast to bactericidal approaches, exert less selective pressure which in turn would reduce the likelihood of resistance development. A particularly interesting strategy targets quorum sensing systems, which regulate gene expression in response to fluctuations in cell-population density governing essential cellular processes including biofilm formation. This review article discusses the problems associated

  16. New Weapons to Fight Old Enemies: Novel Strategies for the (Bio)control of Bacterial Biofilms in the Food Industry

    PubMed Central

    Coughlan, Laura M.; Cotter, Paul D.; Hill, Colin; Alvarez-Ordóñez, Avelino

    2016-01-01

    Biofilms are microbial communities characterized by their adhesion to solid surfaces and the production of a matrix of exopolymeric substances, consisting of polysaccharides, proteins, DNA and lipids, which surround the microorganisms lending structural integrity and a unique biochemical profile to the biofilm. Biofilm formation enhances the ability of the producer/s to persist in a given environment. Pathogenic and spoilage bacterial species capable of forming biofilms are a significant problem for the healthcare and food industries, as their biofilm-forming ability protects them from common cleaning processes and allows them to remain in the environment post-sanitation. In the food industry, persistent bacteria colonize the inside of mixing tanks, vats and tubing, compromising food safety and quality. Strategies to overcome bacterial persistence through inhibition of biofilm formation or removal of mature biofilms are therefore necessary. Current biofilm control strategies employed in the food industry (cleaning and disinfection, material selection and surface preconditioning, plasma treatment, ultrasonication, etc.), although effective to a certain point, fall short of biofilm control. Efforts have been explored, mainly with a view to their application in pharmaceutical and healthcare settings, which focus on targeting molecular determinants regulating biofilm formation. Their application to the food industry would greatly aid efforts to eradicate undesirable bacteria from food processing environments and, ultimately, from food products. These approaches, in contrast to bactericidal approaches, exert less selective pressure which in turn would reduce the likelihood of resistance development. A particularly interesting strategy targets quorum sensing systems, which regulate gene expression in response to fluctuations in cell-population density governing essential cellular processes including biofilm formation. This review article discusses the problems associated

  17. The Australian litigation landscape - oral and maxillofacial surgery and general dentistry (oral surgery procedures): an analysis of litigation cases.

    PubMed

    Badenoch-Jones, E K; White, B P; Lynham, A J

    2016-09-01

    There are persistent concerns about litigation in the dental and medical professions. These concerns arise in a setting where general dentists are more frequently undertaking a wider range of oral surgery procedures, potentially increasing legal risk. Judicial cases dealing with medical negligence in the fields of general dentistry (oral surgery procedure) and oral and maxillofacial surgery were located using the three main legal databases. Relevant cases were analysed to determine the procedures involved, the patients' claims of injury, findings of negligence and damages awarded. A thematic analysis of the cases was undertaken to determine trends. Fifteen cases over a 20-year period were located across almost all Australian jurisdictions (eight cases involved general dentists; seven cases involved oral and maxillofacial surgeons). Eleven of the 15 cases involved determinations of whether or not the practitioner had failed in their duty of care; negligence was found in six cases. Eleven of the 15 cases related to molar extractions (eight specifically to third molar). Dental and medical practitioners wanting to manage legal risk should have regard to circumstances arising in judicial cases. Adequate warning of risks is critical, as is offering referral in appropriate cases. Preoperative radiographs, good medical records and processes to ensure appropriate follow-up are also important. © 2015 Australian Dental Association.

  18. A Hierarchy Fuzzy MCDM Method for Studying Electronic Marketing Strategies in the Information Service Industry.

    ERIC Educational Resources Information Center

    Tang, Michael T.; Tzeng, Gwo-Hshiung

    In this paper, the impacts of Electronic Commerce (EC) on the international marketing strategies of information service industries are studied. In seeking to blend humanistic concerns in this research with technological development by addressing challenges for deterministic attitudes, the paper examines critical environmental factors relevant to…

  19. Factors Affecting the Designation of Cerebrovascular Diseases as Work-Related in Administrative Litigation

    PubMed Central

    Kim, Hyeongsu; Rim, Hwayoung; Chang, Sounghoon; Lee, Kunsei

    2008-01-01

    The purpose of this study was to identify factors that could be used as standardized criteria for evaluating occupational diseases in initial assessments or requests for examination. Using 100 administrative litigation cases on the work-relatedness of cerebrovascular diseases (CVDs) by the Seoul Branch of the Korea Labor Welfare Corporation (KLWC) from 1997 to 2002, we estimated the relationship between the investigated variables and designation of the work-relatedness of the CVD. As for the age, the odds ratio of the acceptance rate of a case as work-related in subjects over 60 yr of age was 0.08 (95% CI, 0.01-0.75), which was compared to subjects under 30 yr of age. Regarding working hours, the odds ratio of the acceptance rate of a case as work-related in CVDs in those over 56 hr was 9.50 (95% CI, 1.92-47.10) when compared to those less than 56 hr. As for the benefit type, the odds ratio of the acceptance rate of a case as work-related in medical benefits was 5.74 (95% CI, 1.29-25.54), compared to survivor benefits. As for the criteria for defining situations as work overload, the odds ratio of the acceptance rate of a case as work-related in injured workers was 12.06 (95% CI, 3.12-46.62), compared to that in non-injured workers. Our findings show that the criteria for defining situations of work overload played an important role in assessing the work-relatedness of CVDs in administrative litigation, and it is necessary to make the scientific evidence on judgement of work-relatedness on overwork. PMID:18437006

  20. Legionella in industrial cooling towers: monitoring and control strategies.

    PubMed

    Carducci, A; Verani, M; Battistini, R

    2010-01-01

    Legionella contamination of industrial cooling towers has been identified as the cause of sporadic cases and outbreaks of legionellosis among people living nearby. To evaluate and control Legionella contamination in industrial cooling tower water, microbiological monitoring was carried out to determine the effectiveness of the following different disinfection treatments: (i) continuous chlorine concentration of 0.01 ppm and monthly chlorine shock dosing (5 ppm) on a single cooling tower; (ii) continuous chlorine concentration of 0.4 ppm and monthly shock of biocide P3 FERROCID 8580 (BKG Water Solution) on seven towers. Legionella spp. and total bacterial count (TBC) were determined 3 days before and after each shock dose. Both strategies demonstrated that when chlorine was maintained at low levels, the Legionella count grew to levels above 10(4) CFU l(-1) while TBC still remained above 10(8 )CFU l(-1). Chlorine shock dosing was able to eliminate bacterial contamination, but only for 10-15 days. Biocide shock dosing was also insufficient to control the problem when the disinfectant concentration was administered at only one point in the plant and at the concentration of 30 ppm. On the other hand, when at a biocide concentration of 30 or 50 ppm was distributed throughout a number of points, depending on the plant hydrodynamics, Legionella counts decreased significantly and often remained below the warning limit. Moreover, the contamination of water entering the plant and the presence of sediment were also important factors for Legionella growth. For effective decontamination of outdoor industrial cooling towers, disinfectants should be distributed in a targeted way, taking into account the possible sources of contamination. The data of the research permitted to modify the procedure of disinfection for better reduce the water and aerosol contamination and consequently the exposure risk.

  1. The Civil Rights Act of 1991: From Conciliation to Litigation-- How Congress Delegates Lawmaking to the Courts

    DTIC Science & Technology

    1993-04-01

    instead of attacking the causes. The 1991 Act is a law of stratification that encourages racism , sexism , and litigation to further individual goals and...30 D. What About Those Statistics ? ............................ 31 E. Race Norming - The Dos and Don’ts of Test Scores...in Title VII to recognize group rights through a "disparate impact" theory of discrimination. In Griggs v. Duke Power Co.,` the Court recognized that

  2. Enhancing Capacity for Success in the Creative Industries: Undergraduate Student Reflections on the Implementation of Work-Integrated Learning Strategies

    ERIC Educational Resources Information Center

    Daniel, Ryan; Daniel, Leah

    2015-01-01

    This article reflects on ongoing research-led teaching in the area of creative industries in higher education. Specifically it reports on key work-integrated learning strategies designed to better prepare graduates for the employment sector. The creative industries sector is complex and competitive, characterized by non-linear career paths driven…

  3. 32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... Defense. 3. Litigation. All pretrial, trial, and post-trial stages of all existing or reasonably... Department of Justice, as required; and taking final action on such requests and demands. 2. Factors To... paragraph F.1., DoD officials should consider the following types of factors: a. Whether the request or...

  4. 32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... Defense. 3. Litigation. All pretrial, trial, and post-trial stages of all existing or reasonably... Department of Justice, as required; and taking final action on such requests and demands. 2. Factors To... paragraph F.1., DoD officials should consider the following types of factors: a. Whether the request or...

  5. 32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... Defense. 3. Litigation. All pretrial, trial, and post-trial stages of all existing or reasonably... Department of Justice, as required; and taking final action on such requests and demands. 2. Factors To... paragraph F.1., DoD officials should consider the following types of factors: a. Whether the request or...

  6. 32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... Defense. 3. Litigation. All pretrial, trial, and post-trial stages of all existing or reasonably... Department of Justice, as required; and taking final action on such requests and demands. 2. Factors To... paragraph F.1., DoD officials should consider the following types of factors: a. Whether the request or...

  7. 32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... Defense. 3. Litigation. All pretrial, trial, and post-trial stages of all existing or reasonably... Department of Justice, as required; and taking final action on such requests and demands. 2. Factors To... paragraph F.1., DoD officials should consider the following types of factors: a. Whether the request or...

  8. The so-called "Spanish model" - tobacco industry strategies and its impact in Europe and Latin America.

    PubMed

    Schneider, Nick K; Sebrié, Ernesto M; Fernández, Esteve

    2011-12-07

    To demonstrate the tobacco industry rationale behind the "Spanish model" on non-smokers' protection in hospitality venues and the impact it had on some European and Latin American countries between 2006 and 2011. Tobacco industry documents research triangulated against news and media reports. As an alternative to the successful implementation of 100% smoke-free policies, several European and Latin American countries introduced partial smoking bans based on the so-called "Spanish model", a legal framework widely advocated by parts of the hospitality industry with striking similarities to "accommodation programmes" promoted by the tobacco industry in the late 1990s. These developments started with the implementation of the Spanish tobacco control law (Ley 28/2005) in 2006 and have increased since then. The Spanish experience demonstrates that partial smoking bans often resemble tobacco industry strategies and are used to spread a failed approach on international level. Researchers, advocates and policy makers should be aware of this ineffective policy.

  9. The so-called "Spanish model" - Tobacco industry strategies and its impact in Europe and Latin America

    PubMed Central

    2011-01-01

    Background To demonstrate the tobacco industry rationale behind the "Spanish model" on non-smokers' protection in hospitality venues and the impact it had on some European and Latin American countries between 2006 and 2011. Methods Tobacco industry documents research triangulated against news and media reports. Results As an alternative to the successful implementation of 100% smoke-free policies, several European and Latin American countries introduced partial smoking bans based on the so-called "Spanish model", a legal framework widely advocated by parts of the hospitality industry with striking similarities to "accommodation programmes" promoted by the tobacco industry in the late 1990s. These developments started with the implementation of the Spanish tobacco control law (Ley 28/2005) in 2006 and have increased since then. Conclusion The Spanish experience demonstrates that partial smoking bans often resemble tobacco industry strategies and are used to spread a failed approach on international level. Researchers, advocates and policy makers should be aware of this ineffective policy. PMID:22151884

  10. Advantage Management Strategy in Competition via Technological Race Perspective: Empirical Evidence from the Taiwanese Manufacturing Industry

    PubMed Central

    Hung, Tsu-Yi; Hsiao, Yu-Ju; Wu, Shih-Wei

    2014-01-01

    This study investigated the advantage management strategies of a firm regarding the technological race in the manufacturing sector. This is to reveal whether firms adopt a catch-up or leapfrogging strategy in the competition for innovation. The results show that competition is fierce in the Taiwanese manufacturing industry. Taiwanese manufacturing firms (mostly SMEs) tend to adopt the “catch-up” strategy to keep up with their competitors in order to remain in the technological race. The result indicates that, under financial constraints, Taiwanese manufacturing firms attempt to invest in R&D to catch up with their rivals or to avoid being eliminated from the race. PMID:25295307

  11. Advantage management strategy in competition via technological race perspective: empirical evidence from the Taiwanese manufacturing industry.

    PubMed

    Hung, Tsu-Yi; Hsiao, Yu-Ju; Wu, Shih-Wei

    2014-01-01

    This study investigated the advantage management strategies of a firm regarding the technological race in the manufacturing sector. This is to reveal whether firms adopt a catch-up or leapfrogging strategy in the competition for innovation. The results show that competition is fierce in the Taiwanese manufacturing industry. Taiwanese manufacturing firms (mostly SMEs) tend to adopt the "catch-up" strategy to keep up with their competitors in order to remain in the technological race. The result indicates that, under financial constraints, Taiwanese manufacturing firms attempt to invest in R&D to catch up with their rivals or to avoid being eliminated from the race.

  12. Defence Industrial Strategy

    DTIC Science & Technology

    2005-12-01

    for early clarity, we needed to act quickly. There are three levels to this strategy :  promoting an overall business environment which is attractive...and that the level of influence and attractiveness of MOD business varies by sector and by type of company. But the UK provides a unique environment...defence business environment in a particular country, and at the specific level , to achieve defined outcomes in particular capability or technology

  13. Union Women, the Tobacco Industry, and Excise Taxes

    PubMed Central

    Balbach, Edith D.; Campbell, Richard B.

    2009-01-01

    Between 1987 and 1997, the tobacco industry used the issue of cigarette excise tax increases to create a political partnership with the Coalition of Labor Union Women (CLUW), a group representing female trade unionists in the U.S. This paper documents how the industry created this relationship and the lessons tobacco-control advocates can learn from the industry’s example, in order to mitigate possible unintended consequences of advocating excise tax increases In 1998, under the terms of the Master Settlement Agreement, the tobacco industry began making documents produced in litigation available publicly. Currently, approximately 50 million pages are available online, including substantial documentation of the industry–CLUW relationship. For this study, a comprehensive search of these documents was conducted. The tobacco industry encouraged CLUW’s opposition to excise tax increases by emphasizing the economic regressivity of these taxes, discussing excise taxes generically to deflect attention from cigarettes, and encouraging opposition to earmarking cigarette taxes to pay for specific programs. In addition, CLUW received at least $221,500 in financial support between 1987 and 1997 and in-kind support for its conferences, membership materials, and other services. Excise tax increases, if pursued without considering the impacts they may have on low-SES populations, may have unintended consequences. In this case, such proposals may have helped to create a relationship between CLUW and the tobacco industry. Because excise taxes are endorsed in the Framework Convention on Tobacco Control, tobacco-control advocates must understand how to build relationships with low-SES populations and mitigate potential alliances with the tobacco industry. PMID:19591750

  14. Firing without fear. Heading off litigation in employee terminations.

    PubMed

    Elliott, C L; Kaiser, G

    1989-03-01

    Under most state laws, employee handbooks carry the status of employment contracts, or such contracts are implied through various employment conversations. Unlike in the past, when a management decision to discharge an employee could be challenged only for statutory or public policy reasons, today's employer may have to prove that he or she did not violate an employee's contractual right to employment. Employers can reduce the risk of employment liability through practical steps such as careful monitoring and documenting of the hiring, performance appraisal, and disciplinary processes, and a credible grievance procedure. Many employers have found, however, that taking these steps does not always prevent litigation. Certain legal precautions, such as written disclaimers and other handbook revisions, can result in the dismissal of such actions before trial and will deter many plaintiffs' attorneys from taking the case. The strongest legal protection in termination situations is a release of all claims executed by the employee and supported by severance pay or other valuable consideration to which the employee would not be otherwise entitled.

  15. Book review: Inside the Equal Access to Justice Act: Environmental litigation and the crippling battle over America's lands, endangered species, and critical habitats

    USGS Publications Warehouse

    Organ, John F.

    2016-01-01

    Review info:  Inside the equal access to justice act: Environmental litigation and the crippling battle over America's lands, endangered species, and critical habitats. By Lowell E. Baier, 2016. ISBN: 978-1442257443, 678 pp.

  16. Tobacco Industry Research on Smoking Cessation

    PubMed Central

    Ling, Pamela M; Glantz, Stanton A

    2004-01-01

    BACKGROUND Smoking rates are declining in the United States, except for young adults (age 18 to 24). Few organized programs target smoking cessation specifically for young adults, except programs for pregnant women. In contrast, the tobacco industry has invested much time and money studying young adult smoking patterns. Some of these data are now available in documents released through litigation. OBJECTIVE Review tobacco industry marketing research on smoking cessation to guide new interventions and improve clinical practice, particularly to address young adult smokers’ needs. METHODS Analysis of previously secret tobacco industry documents. RESULTS Compared to their share of the smoking population, young adult smokers have the highest spontaneous quitting rates. About 10% to 30% of smokers want to quit; light smokers and brand switchers are more likely to try. Tobacco companies attempted to deter quitting by developing products that appeared to be less addictive or more socially acceptable. Contrary to consumer expectations, “ultra low tar” cigarette smokers were actually less likely to quit. CONCLUSIONS Tobacco industry views of young adult quitting behavior contrast with clinical practice. Tobacco marketers concentrate on recapturing young quitters, while organized smoking cessation programs are primarily used by older smokers. As young people have both the greatest propensity to quit and the greatest potential benefits from smoking cessation, targeted programs for young adults are needed. Tobacco marketing data suggest that aspirational messages that decrease the social acceptability of smoking and support smoke-free environments resonate best with young adult smokers’ motivations. PMID:15109339

  17. Undue industry influences that distort healthcare research, strategy, expenditure and practice: a review.

    PubMed

    Stamatakis, Emmanuel; Weiler, Richard; Ioannidis, John P A

    2013-05-01

    Expenditure on industry products (mostly drugs and devices) has spiraled over the last 15 years and accounts for substantial part of healthcare expenditure. The enormous financial interests involved in the development and marketing of drugs and devices may have given excessive power to these industries to influence medical research, policy, and practice. Review of the literature and analysis of the multiple pathways through which the industry has directly or indirectly infiltrated the broader healthcare systems. We present the analysis of the industry influences at the following levels: (i) evidence base production, (ii) evidence synthesis, (iii) understanding of safety and harms issues, (iv) cost-effectiveness evaluation, (v) clinical practice guidelines formation, (vi) healthcare professional education, (vii) healthcare practice, (viii) healthcare consumer's decisions. We located abundance of consistent evidence demonstrating that the industry has created means to intervene in all steps of the processes that determine healthcare research, strategy, expenditure, practice and education. As a result of these interferences, the benefits of drugs and other products are often exaggerated and their potential harms are downplayed, and clinical guidelines, medical practice, and healthcare expenditure decisions are biased. To serve its interests, the industry masterfully influences evidence base production, evidence synthesis, understanding of harms issues, cost-effectiveness evaluations, clinical practice guidelines and healthcare professional education and also exerts direct influences on professional decisions and health consumers. There is an urgent need for regulation and other action towards redefining the mission of medicine towards a more objective and patient-, population- and society-benefit direction that is free from conflict of interests. © 2013 Stichting European Society for Clinical Investigation Journal Foundation. Published by Blackwell Publishing Ltd.

  18. A story of scrutiny and fear: Australian midwives' experiences of an external review of obstetric services, being involved with litigation and the impact on clinical practice.

    PubMed

    Hood, Laraine; Fenwick, Jennifer; Butt, Janice

    2010-06-01

    strategies to 'feel safe' including defensive decision making and moving towards a medical philosophy of care. These concepts are captured within the subtheme 'Covering your back: setting boundaries'. The impact on relationships between midwives, women and medical practitioners is described within the subtheme 'Professional relationship: coloured by fear'. The effect on midwives' confidence and the resultant negative emotions elicited make up the subtheme 'Between a rock and a hard place: the midwives' distressing dilemma'. Finally the subtheme, 'Opting out: the changing nature of professional work practices' describes the specific professional decisions and work strategies that midwives made about their ability to continue working in an environment that they perceived as threatening. the findings suggest that the midwife participants in this small study were totally unprepared and ill equipped, both personally and professionally, to deal with the consequences of working within an environment that was the centre of a number of high profile legal proceedings and an extensive external review of obstetric services. The midwives were naïve about legal processes and unprepared for the legal 'game playing' and media attention that often accompanies court proceedings. Despite the fact that no midwife faced litigation, the participants described their work environment as becoming increasingly stressful and permeated by a culture of fear. In turn, this situation has reinforced the need for some midwives to adopt an 'institution' ideology which reinforces birth as an abnormal event that needs to be medically managed. This has led to changes in professional and personal work practices. The findings also have implications for the midwifery workforce and retention. Although the findings are context specific, this study provides valuable insight into the phenomena of fear of litigation and its impact on midwifery practice. Given the similarities concerning obstetric litigation in some

  19. Tobacco interests or the public interest: 20 years of industry strategies to undermine airline smoking restrictions

    PubMed Central

    Lopipero, Peggy Ann; Bero, Lisa A

    2006-01-01

    Objectives To understand the evolution of 20 years of tobacco industry strategies to undermine federal restrictions of smoking on aircraft in the United States. Design We searched and analysed internal tobacco industry records, public documents, and other related research. Results The industry viewed these restrictions as a serious threat to the social acceptability of smoking. Its initial efforts included covert letter‐writing campaigns and lobbying of the airline industry, but with the emergence of proposals to ban smoking, the tobacco companies engaged in ever increasing efforts to forestall further restrictions. Tactics to dominate the public record became especially rigorous. The industry launched an aggressive public relations campaign that began with the promotion of industry sponsored petition drives and public opinion surveys. Results from polling research that produced findings contrary to the industry's position were suppressed. In order to demonstrate smoker outrage against a ban, later efforts included the sponsorship of smokers' rights and other front groups. Congressional allies and industry consultants sought to discredit the science underlying proposals to ban smoking and individual tobacco companies conducted their own cabin air quality research. Faced with the potential of a ban on all domestic flights, the industry sought to intimidate an air carrier and a prominent policymaker. Despite the intensification of tactics over time, including mobilisation of an army of lobbyists and Congressional allies, the tobacco industry was ultimately defeated. Conclusions Our longitudinal analysis provides insights into how and when the industry changed its plans and provides public health advocates with potential counterstrategies. PMID:16885582

  20. Clinical negligence in foot and ankle surgery: A 17-year review of claims to the NHS Litigation Authority.

    PubMed

    Ring, J; Talbot, C L; Clough, T M

    2014-11-01

    We present a review of litigation claims relating to foot and ankle surgery in the NHS in England during the 17-year period between 1995 and 2012. A freedom of information request was made to obtain data from the NHS litigation authority (NHSLA) relating to orthopaedic claims, and the foot and ankle claims were reviewed. During this period of time, a total of 10 273 orthopaedic claims were made, of which 1294 (12.6%) were related to the foot and ankle. 1036 were closed, which comprised of 1104 specific complaints. Analysis was performed using the complaints as the denominator. The cost of settling these claims was more than £36 million. There were 372 complaints (33.7%) involving the ankle, of which 273 (73.4%) were related to trauma. Conditions affecting the first ray accounted for 236 (21.4%), of which 232 (98.3%) concerned elective practice. Overall, claims due to diagnostic errors accounted for 210 (19.0%) complaints, 208 (18.8%) from alleged incompetent surgery and 149 (13.5%) from alleged mismanagement. Our findings show that the incorrect, delayed or missed diagnosis of conditions affecting the foot and ankle is a key area for improvement, especially in trauma practice. ©2014 The British Editorial Society of Bone & Joint Surgery.

  1. [Liability of surgeons with respect to injuries to the bile duct during laparoscopic cholecystectomy : Analyses of malpractice litigations in the years 1996-2009].

    PubMed

    Fellmer, P T; Fellmer, J; Jonas, S

    2011-01-01

    Injuries to the bile duct during laparoscopic cholecystectomy are often a cause of malpractice litigations. A total of 13 legal verdicts as a result of bile duct injury from 1996 to 2009 were reviewed. Comments on the verdicts and the opinions of expert witnesses were analyzed. Out of 13 claims, 7 were upheld and 6 were rejected. Most expert witnesses from 1996 to 2002 stated that not carrying out a cholangiography and insufficient preparation of the cystic duct constituted a performance below the standard of care expected. Expert witness testimonies from 2004 to 2009, however, regarded injury to the bile duct as predominantly inherent to treatment. With the expansion and acceptance of laparoscopic interventions, changes in the results of malpractice litigation have become evident. In contrast to the phase during establishment of the technology, an injury to the bile duct is nowadays judged predominantly as inherent to treatment.

  2. A new hybrid turbulence modelling strategy for industrial CFD

    NASA Astrophysics Data System (ADS)

    Basara, B.; Jakirlic, S.

    2003-05-01

    This paper presents a new strategy for turbulence model employment with emphasis on the model's applicability for industrial computational fluid dynamics (CFD). In the hybrid modelling strategy proposed here, the Reynolds stress and mean rate of strain tensors are coupled via Boussinesq's formula as in the standard k-model. However, the turbulent kinetic energy is calculated as the sum of the normal Reynolds-stress components, representing the solutions of the appropriate transport equations. The equations governing the Reynolds-stress tensor and dissipation rate have been solved in the framework of a background second-moment closure model. Furthermore, the structure parameter C-? has been re-calculated from a newly proposed functional dependency rather than kept constant. This new definition of C-? has been assessed by using direct numerical simulation (DNS) results of several generic flow configurations featuring different phenomena such as separation, reattachment and rotation. Comparisons show a large departure of C-? from the commonly used value of 0.09. The model proposed is computationally validated in a number of well-proven fluid flow benchmarks, e.g. backward-facing step, 180° turn-around duct, rotating pipe, impinging jet and three-dimensional (3D) Ahmed body. The obtained results confirm that the present hybrid model delivers a robust solution procedure while preserving most of the physical advantages of the Reynolds-stress model over simple k-models. A low Reynolds number version of the hybrid model is also proposed and discussed.

  3. Building green supply chains in eco-industrial parks towards a green economy: Barriers and strategies.

    PubMed

    Li, Jacqueline; Pan, Shu-Yuan; Kim, Hyunook; Linn, Jean H; Chiang, Pen-Chi

    2015-10-01

    As suggested by UNEP, the key to sustainable development is to create a "green economy" which should encapsulate all three sectors: the industry, the people, and the government. Therefore, there is an urgent need to develop and implement the green technologies into the existing facilities, especially in the developing countries. In this study, the role of green supply chains in eco-industrial parks (EIPs) towards a green economy was investigated. The strategies and effective evaluation procedures of the green economy were proposed by assessing the barriers from the perspective of institution, regulation, technology, and finance. In addition, three case studies from iron and steel-making, paper mill and pulping, and petrochemical industries were presented and illustrated for building the green supply chains. For example, in the case of Lin-Hai Industrial Park, a total of 15 efficient green supply chains using waste-to-resources technologies were established by 2012, resulting in an economic benefit of USD 100 million per year. It suggests that the green supply chains should be established to achieve both economic growth and environmental protection. With these successful experiences, building a green supply chain within industrial park should be extensively promoted to make traditional industries around the world being environmentally bearable, economic viable, and social equitable. Copyright © 2015 Elsevier Ltd. All rights reserved.

  4. Review of Medical Malpractice Issues in Malaysia under Tort Litigation System

    PubMed Central

    Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

    2014-01-01

    Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability. PMID:24999124

  5. Eight strategies to engage industry in biosecurity.

    PubMed

    Gilmore, James; Lambert, Janet Lynch

    2005-01-01

    A significant portion of the domestic bio-research base-and the one most likely to provide translational research-is not engaged in biodefense. Despite the fact that more than one-third of all life science researchers are employed in commercial bio-research, fewer than 3% of the 1,500 U.S. bio-technology companies are involved in biosecurity initiatives. The bio-tech industry has largely not aligned itself to play an integral role in biosecurity, but there are a few policy changes that could dramatically alter this balance. These include engaging and motivating the bio-technology middle class, seeding secondary markets, focusing on system solutions, providing reagents and standards, aligning communications, and prioritizing translational research. By reaching out, policymakers can span the current chasm between the bio-industry and government, build a stable biodefense industrial base, establish solid working relationships, and secure better services and products. The rewards would be significant for government and industry alike.

  6. Narrative review: the promotion of gabapentin: an analysis of internal industry documents.

    PubMed

    Steinman, Michael A; Bero, Lisa A; Chren, Mary-Margaret; Landefeld, C Seth

    2006-08-15

    Internal documents from the pharmaceutical industry provide a unique window for understanding the structure and methods of pharmaceutical promotion. Such documents have become available through litigation concerning the promotion of gabapentin (Neurontin, Pfizer, Inc., New York, New York) for off-label uses. To describe how gabapentin was promoted, focusing on the use of medical education, research, and publication. Court documents available to the public from United States ex. rel David Franklin vs. Pfizer, Inc., and Parke-Davis, Division of Warner-Lambert Company, mostly from 1994-1998. All documents were reviewed by 1 author, with selected review by coauthors. Marketing strategies and tactics were identified by using an iterative process of review, discussion, and re-review of selected documents. The promotion of gabapentin was a comprehensive and multifaceted process. Advisory boards, consultants meetings, and accredited continuing medical education events organized by third-party vendors were used to deliver promotional messages. These tactics were augmented by the recruitment of local champions and engagement of thought leaders, who could be used to communicate favorable messages about gabapentin to their physician colleagues. Research and scholarship were also used for marketing by encouraging "key customers" to participate in research, using a large study to advance promotional themes and build market share, paying medical communication companies to develop and publish articles about gabapentin for the medical literature, and planning to suppress unfavorable study results. Most available documents were submitted by the plaintiff and may not represent a complete picture of marketing practices. Activities traditionally considered independent of promotional intent, including continuing medical education and research, were extensively used to promote gabapentin. New strategies are needed to ensure a clear separation between scientific and commercial activity.

  7. A review of medical malpractice issues in Malaysia under tort litigation system.

    PubMed

    Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

    2014-04-07

    Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability.

  8. [Innovation guidelines and strategies for pharmaceutical engineering of Chinese medicine and their industrial translation].

    PubMed

    Cheng, Yi-Yu; Qu, Hai-Bin; Zhang, Bo-Li

    2013-01-01

    This paper briefly analyzes the bottlenecks and major technical requirements for pharmaceutical industry of Chinese medicine, providing current status of pharmaceutical engineering of Chinese medicine. The innovation directions and strategies of the pharmaceutical engineering for manufacturing Chinese medicine are proposed along with the framework of their core technology. As a consequence, the development of the third-generation pharmaceutical technology for Chinese medicine, featured as "precision, digital and intelligent", is recommended. The prospects of the pharmaceutical technology are also forecasted.

  9. [Health, hospitality sector and tobacco industry].

    PubMed

    Abella Pons, Francesc; Córdoba Garcia, Rodrigo; Suárez Bonel, Maria Pilar

    2012-11-01

    To present the strategies used by the tobacco industry to meet government regulatory measures of its products. To demonstrate the relationship between tobacco industry and the hospitality sector. Note that the arguments and strategies used routinely by the hospitality industry have been previously provided by the tobacco industry. Location of key documents by meta-search, links to declassified documents, specific websites of the tobacco and hospitality industry, news sources and published articles in health journals. This review reveals the close relationship between tobacco industry and hospitality sector. It highlights the strategies carried out by the tobacco industry, including strategic hoarding of information, public relations, lobbying, consultation program, smoker defence groups, building partnerships, intimidation and patronage. The arguments and strategies used by the hospitality industry to match point by point that used by the tobacco industry. These arguments are refutable from the point of view of public health as it is scientifically proven that totally smoke-free environments are the only way to protect non-smokers from tobacco smoke exposure and its harmful effects on health. Copyright © 2011 Elsevier España, S.L. All rights reserved.

  10. Recruitment criteria and attraction strategies for local trained labour in Malaysia’s construction industry

    NASA Astrophysics Data System (ADS)

    Manap, N.; Noh, NH Mohd; Syahrom, N.

    2017-12-01

    Development in Malaysia is booming which can be witnessed by the various construction projects that currently in progress, especially in the state of Johor which has the highest value of construction work completed for the third quarter of 2016. This necessarily requires skilled labours in a high number especially among the locals since it has been reported that Malaysia’s construction industry is having problems related to the shortage of local skilled labour. In addition, the local workers have been reported unable to fulfil the demand of construction market. Hence, it caused the contractor to import foreign workers to meet the needs and requirement of labour market in construction sector. This study aims of two objectives; to determine the criteria set by the construction company in recruiting local skilled labour and to study the strategies that can attract local skilled labour to join construction industry. Questionnaire has been distributed to G7 contractor in the state of Johor in order to achieve the objectives of this study. Collected data was then evaluated and tested for its reliability using the SPSS 20.0 software before it can be analysed in order to obtain the mean value, frequencies and percentage. The outcome of this study indicates that the prospective employer prefers to work with man and they require young, experienced, knowledgeable and skilled workers in doing the job. Most of the strategies that have been selected are mainly related to money namely salary increment, bonus, allowance and overtime payment, apart from upgrading labours welfare and providing a better accommodation. This study can be a guideline to both skills institution and contractor to improve on what they are lacking in order to encourage the local trained skills labour to join the industry.

  11. Preparing emergency physicians for malpractice litigation: a joint emergency medicine residency-law school mock trial competition.

    PubMed

    Drukteinis, Dainius A; O'Keefe, Kelly; Sanson, Tracy; Orban, David

    2014-01-01

    Fear of malpractice affects the daily life of many emergency physicians. Educational programs to prepare for litigation are lacking. An educational collaboration between an emergency medicine residency and a law school, whereby a medical malpractice mock trial competition is used to teach residents basic skills for testifying in legal proceedings. Ten residents in an academic emergency medicine program volunteered as witnesses in a malpractice mock trial competition at a law school. Residents testified two or three times and, after each appearance, were provided feedback to prepare them for subsequent rounds of testimony. They were also given access to videotaped testimony. Judges rated each resident using a nine-question survey scored on a 10-point Likert scale. Scores were compared as a group between rounds of testimony. Participants demonstrated significant improvement in seven of nine measured categories. p-Values reached significance in: Worked Well on Direct Examination (p < 0.001), Demeanor/Body Language (p < 0.001), Was Not Arrogant/Did Not Lose Poise on Cross-Examination (p = 0.001), Convincing Witness (p = 0.001), Appeared Knowledgeable (p = 0.012), Courtroom Attire (p = 0.012), and Expressed Themselves Clearly (p = 0.017). In addition, residents anonymously reported broad educational benefit. This novel educational collaboration taught residents about the process of litigation. It improved their communication skills and expanded their knowledge of documentation pitfalls, problems with staff interaction, and consequences of medical errors. This mutually beneficial partnership between a medical residency and a law school solidified it as a permanent feature of the residency program. Copyright © 2014 Elsevier Inc. All rights reserved.

  12. A Sad Journey down History: A Conversation with Judge Nathaniel Jones about Litigating "Milliken v. Bradley I" (1974), 40 Years Later

    ERIC Educational Resources Information Center

    Gooden, Mark A.; Green, Terrance L.

    2016-01-01

    The Honorable Judge Nathaniel Jones litigated the "Milliken v. Bradley I" case before the U.S. District Court and Supreme Court in 1971 and 1974. Nathaniel Jones was born May 12, 1926 in Youngstown, Ohio, and served as the general counsel for the NAACP from 1969-1979. In 1979, President Jimmy Carter nominated Nathaniel Jones to the U.S.…

  13. Competition within the physicians' services industry: osteopaths and allopaths.

    PubMed

    Blackstone, E A

    1982-01-01

    Within the physicians' services industry, doctors of osteopathy are the only "full line" competitors of medical doctors. Given the current interest in merger of the two schools of practice, this Article examines the benefits of having an independent osteopathic school. These benefits include: (1) reduction of the monopoly power of medical doctors in malpractice litigation, fee negotiations with third party payors and the formulation of health policy; (2) greater satisfaction of consumer desires; and (3) diversity and innovation in physicians' training and methods of practice. The Article concludes that society has an interest in discouraging merger of the two groups; osteopathy should be maintained as an independent school of practice. To this end, society should carefully consider the impact of legislation and regulatory policies that may have the unintended effect of eliminating osteopathy as an independent competitor.

  14. A Coupling Strategy of FEM and BEM for the Solution of a 3D Industrial Crack Problem

    NASA Astrophysics Data System (ADS)

    Kouitat Njiwa, Richard; Taha Niane, Ngadia; Frey, Jeremy; Schwartz, Martin; Bristiel, Philippe

    2015-03-01

    Analyzing crack stability in an industrial context is challenging due to the geometry of the structure. The finite element method is effective for defect-free problems. The boundary element method is effective for problems in simple geometries with singularities. We present a strategy that takes advantage of both approaches. Within the iterative solution procedure, the FEM solves a defect-free problem over the structure while the BEM solves the crack problem over a fictitious domain with simple geometry. The effectiveness of the approach is demonstrated on some simple examples which allow comparison with literature results and on an industrial problem.

  15. Dust diseases and the legacy of corporate manipulation of science and law.

    PubMed

    Egilman, David; Bird, Tess; Lee, Caroline

    2014-01-01

    The dust diseases silicosis and asbestosis were the first occupational diseases to have widespread impact on workers. Knowledge that asbestos and silica were hazardous to health became public several decades after the industry knew of the health concerns. This delay was largely influenced by the interests of Metropolitan Life Insurance Company (MetLife) and other asbestos mining and product manufacturing companies. To understand the ongoing corporate influence on the science and politics of asbestos and silica exposure, including litigation defense strategies related to historical manipulation of science. We examined previously secret corporate documents, depositions and trial testimony produced in litigation; as well as published literature. Our analysis indicates that companies that used and produced asbestos have continued and intensified their efforts to alter the asbestos-cancer literature and utilize dust-exposure standards to avoid liability and regulation. Organizations of asbestos product manufacturers delayed the reduction of permissible asbestos exposures by covering up the link between asbestos and cancer. Once the decline of the asbestos industry in the US became inevitable, the companies and their lawyers designed the state of the art (SOA) defense to protect themselves in litigation and to maintain sales to developing countries. Asbestos product companies would like the public to believe that there was a legitimate debate surrounding the dangers of asbestos during the twentieth century, particularly regarding the link to cancer, which delayed adequate regulation. The asbestos-cancer link was not a legitimate contestation of science; rather the companies directly manipulated the scientific literature. There is evidence that industry manipulation of scientific literature remains a continuing problem today, resulting in inadequate regulation and compensation and perpetuating otherwise preventable worker and consumer injuries and deaths.

  16. Tobacco Industry Promotional Strategies Targeting American Indians/Alaska Natives and Exploiting Tribal Sovereignty.

    PubMed

    Lempert, Lauren K; Glantz, Stanton A

    2018-03-12

    American Indians/Alaska Natives have the highest commercial tobacco use in the United States, resulting in higher tobacco-caused deaths and diseases than the general population. Some American Indians/Alaska Natives use commercial tobacco for ceremonial as well as recreational uses. Because federally-recognized Tribal lands are sovereign, they are not subject to state cigarette taxes and smokefree laws. This study analyzes tobacco industry promotional efforts specifically targeting American Indians/Alaska Natives and exploiting Tribal lands to understand appropriate policy responses in light of American Indians'/Alaska Natives' unique sovereign status and culture. We analyzed previously secret tobacco industry documents available at the Truth Tobacco Documents Library (https://industrydocuments.library.ucsf.edu/tobacco/). Tobacco companies used promotional strategies targeting American Indians/Alaska Natives and exploiting Tribal lands that leveraged the federally-recognized Tribes' unique sovereign status exempting them from state cigarette taxes and smokefree laws, and exploited some Tribes' existing traditional uses of ceremonial tobacco and poverty. Tactics included price reductions, coupons, giveaways, gaming promotions, charitable contributions and sponsorships. Additionally, tobacco companies built alliances with Tribal leaders to help improve their corporate image, advance ineffective "youth smoking prevention" programs, and defeat tobacco control policies. The industry's promotional tactics likely contribute to disparities in smoking prevalence and smoking-related diseases among American Indians//Alaska Natives. Proven policy interventions to address these disparities including tobacco price increases, cigarette taxes, comprehensive smokefree laws, and industry denormalization campaigns to reduce smoking prevalence and smoking-related disease could be considered by Tribal communities. The sovereign status of federally-recognized Tribes does not prevent them

  17. Patent prosecution strategies for stem cell related applications.

    PubMed

    Kumar, Rajeev; Yeh, Jenny J; Fernandez, Dennis; Hansen, Nels

    2007-09-01

    Stem cell research and the intellectual property derived from it, because of its potential to completely transform health care, demand an especially high level of consideration from business and patent prosecution perspectives. As with other revolutionary technologies, ordinary risks are amplified (e.g., litigation), and ordinarily irrelevant considerations may become important (e.g., heightened level of both domestic and foreign legislative risk). In the first part of this article, general strategies for patent prosecutors such as several prosecution considerations and methods for accelerating patent prosecution process are presented. In the second part, patent prosecution challenges of stem cell-related patents and possible solutions are discussed. In the final part, ethical and public policy issues particular to stem cell-related and other biotechnological inventions are summarized.

  18. Impressions of defensive medical practice and medical litigation among South African neurosurgeons.

    PubMed

    Roytowski, D; Smith, T R; Fieggen, A G; Taylor, A

    2014-11-01

    From a litigation perspective, neurosurgery is considered a 'super high-risk' field, and this has been associated with rapidly increasing malpractice cover costs. In 2013 the annual Medical Protection Society fee for cover was R250,900. We wished to determine whether high malpractice cover was influencing how neurosurgeons managed patients. A 40-question online survey asking questions on defensive medicine was distributed to determine perceptions around liability risk and whether these influenced how patients were managed. Eighty-four per cent of respondents agreed that a medicolegal crisis existed, and over half (53.8%) had been sued for malpractice during their career. Altering practice behaviour to minimise the risk of a lawsuit is common. The increasing number of legal claims against respondents in this survey has resulted in most neurosurgeons practising defensive medicine. Arguably this will result in increased healthcare costs, inferior patient care and decreased access to skilled surgeons.

  19. Reactivity-based industrial volatile organic compounds emission inventory and its implications for ozone control strategies in China

    NASA Astrophysics Data System (ADS)

    Liang, Xiaoming; Chen, Xiaofang; Zhang, Jiani; Shi, Tianli; Sun, Xibo; Fan, Liya; Wang, Liming; Ye, Daiqi

    2017-08-01

    Increasingly serious ozone (O3) pollution, along with decreasing NOx emission, is creating a big challenge in the control of volatile organic compounds (VOCs) in China. More efficient and effective measures are assuredly needed for controlling VOCs. In this study, a reactivity-based industrial VOCs emission inventory was established in China based on the concept of ozone formation potential (OFP). Key VOCs species, major VOCs sources, and dominant regions with high reactivity were identified. Our results show that the top 15 OFP-based species, including m/p-xylene, toluene, propene, o-xylene, and ethyl benzene, contribute 69% of the total OFP but only 30% of the total emission. The architectural decoration industry, oil refinery industry, storage and transport, and seven other sources constituted the top 10 OFP subsectors, together contributing a total of 85%. The provincial and spatial characteristics of OFP are generally consistent with those of mass-based inventory. The implications for O3 control strategies in China are discussed. We propose a reactivity-based national definition of VOCs and low-reactive substitution strategies, combined with evaluations of health risks. Priority should be given to the top 15 or more species with high reactivity through their major emission sources. Reactivity-based policies should be flexibly applied for O3 mitigation based on the sensitivity of O3 formation conditions.

  20. Targeting youth and concerned smokers: evidence from Canadian tobacco industry documents

    PubMed Central

    Pollay, R.

    2000-01-01

    OBJECTIVE—To provide an understanding of the targeting strategies of cigarette marketing, and the functions and importance of the advertising images chosen.
METHODS—Analysis of historical corporate documents produced by affiliates of British American Tobacco (BAT) and RJ Reynolds (RJR) in Canadian litigation challenging tobacco advertising regulation, the Tobacco Products Control Act (1987): Imperial Tobacco Limitee & RJR-Macdonald Inc c. Le Procurer General du Canada.
RESULTS—Careful and extensive research has been employed in all stages of the process of conceiving, developing, refining, and deploying cigarette advertising. Two segments commanding much management attention are "starters" and "concerned smokers". To recruit starters, brand images communicate independence, freedom and (sometimes) peer acceptance. These advertising images portray smokers as attractive and autonomous, accepted and admired, athletic and at home in nature. For "lighter" brands reassuring health concerned smokers, lest they quit, advertisements provide imagery conveying a sense of well being, harmony with nature, and a consumer's self image as intelligent.
CONCLUSIONS—The industry's steadfast assertions that its advertising influences only brand loyalty and switching in both its intent and effect is directly contradicted by their internal documents and proven false. So too is the justification of cigarette advertising as a medium creating better informed consumers, since visual imagery, not information, is the means of advertising influence.


Keywords: advertising; brand imagery; market research; youth targeting; "concerned" smokers; corporate documents PMID:10841849

  1. Definitional Hegemony as a Public Relations Strategy: The Rhetoric of the Nuclear Power Industry after Three Mile Island.

    ERIC Educational Resources Information Center

    Dionisopoulos, George N.; Crable, Richard E.

    1988-01-01

    Examines (1) definitional hegemony as one of several rhetorical options available to issue managers; (2) the post-accident rhetorical context of the Three Mile Island nuclear crisis; and (3) the specific strategies utilized to deal with this crisis. Assesses the nuclear industry's public relations efforts. (MS)

  2. Union women, the tobacco industry, and excise taxes: a lesson in unintended consequences.

    PubMed

    Balbach, Edith D; Campbell, Richard B

    2009-08-01

    Between 1987 and 1997, the tobacco industry used the issue of cigarette excise tax increases to create a political partnership with the Coalition of Labor Union Women (CLUW), a group representing female trade unionists in the U.S. This paper documents how the industry created this relationship and the lessons tobacco-control advocates can learn from the industry's example, in order to mitigate possible unintended consequences of advocating excise tax increases. In 1998, under the terms of the Master Settlement Agreement, the tobacco industry began making documents produced in litigation available publicly. Currently, approximately 50 million pages are available online, including substantial documentation of the industry-CLUW relationship. For this study, a comprehensive search of these documents was conducted. The tobacco industry encouraged CLUW's opposition to excise tax increases by emphasizing the economic regressivity of these taxes, discussing excise taxes generically to deflect attention from cigarettes, and encouraging opposition to earmarking cigarette taxes to pay for specific programs. In addition, CLUW received at least $221,500 in financial support between 1987 and 1997 and in-kind support for its conferences, membership materials, and other services. Excise tax increases, if pursued without considering the impacts they may have on low-SES populations, may have unintended consequences. In this case, such proposals may have helped to create a relationship between CLUW and the tobacco industry. Because excise taxes are endorsed in the Framework Convention on Tobacco Control, tobacco-control advocates must understand how to build relationships with low-SES populations and mitigate potential alliances with the tobacco industry.

  3. Cognitive performance after mild traumatic brain injury: the impact of poor effort on test results and its relation to distress, personality and litigation.

    PubMed

    Stulemeijer, Maja; Andriessen, Teuntje M J C; Brauer, Jolanda M P; Vos, Pieter E; Van Der Werf, Sieberen

    2007-03-01

    To compare consecutive Mild Traumatic Brain Injury (MTBI) patients with and without adequate effort on cognitive performance, litigation status, fatigue, distress and personality. (Neuro)psychological assessment was done 6 months post-injury in 110 patients from a cohort of 618 consecutive MTBI patients aged 18-60, who attended the emergency department of our level I trauma centre. Effort was tested with the Amsterdam Short Term Memory test. Thirty patients (27%) failed the effort test. Poor effort was associated with significantly poorer scores on seven out of eleven measures, covering all tested domains. Poor effort was associated with lower educational level and changes in work status, but not litigation. Furthermore, poor effort was related to high levels of distress, Type-D personality and fatigue. Even in a sample of non-referred MTBI patients, poor effort was common and was strongly associated with inferior test performance. These findings imply that effort testing should be part of all cognitive assessments, also outside mediolegal settings. Behavioural factors like distress and personality should be considered as potential threats to the validity of neuropsychological testing after MTBI.

  4. Relationship between malpractice litigation pressure and rates of cesarean section and vaginal birth after cesarean section.

    PubMed

    Yang, Y Tony; Mello, Michelle M; Subramanian, S V; Studdert, David M

    2009-02-01

    Since the 1990s, nationwide rates of vaginal birth after cesarean section (VBAC) have decreased sharply and rates of cesarean section have increased sharply. Both trends are consistent with clinical behavior aimed at reducing obstetricians' exposure to malpractice litigation. To estimate the effects of malpractice pressure on rates of VBAC and cesarean section. We used state-level longitudinal mixed-effects regression models to examine data from the Natality Detail File on births in the United States (1991-2003). Malpractice pressure was measured by liability insurance premiums and tort reforms. Outcome measures were rates of VBAC, cesarean section, and primary cesarean section. Malpractice premiums were positively associated with rates of cesarean section (beta = 0.15, P = 0.02) and primary cesarean section (beta = 0.16, P = 0.009), and negatively associated with VBAC rates (beta = -0.35, P = 0.01). These estimates imply that a $10,000 decrease in premiums for obstetrician-gynecologists would be associated with an increase of 0.35 percentage points (1.45%) in the VBAC rate and decreases of 0.15 and 0.16 percentage points (0.7% and 1.18%) in the rates of cesarean section and primary cesarean section, respectively; this would correspond to approximately 1600 more VBACs, 6000 fewer cesarean sections, and 3600 fewer primary cesarean sections nationwide in 2003. Two types of tort reform-caps on noneconomic damages and pretrial screening panels-were associated with lower rates of cesarean section and higher rates of VBAC. The liability environment influences choice of delivery method in obstetrics. The effects are not large, but reduced litigation pressure would likely lead to decreases in the total number cesarean sections and total delivery costs.

  5. Bioaugmentation: An Emerging Strategy of Industrial Wastewater Treatment for Reuse and Discharge

    PubMed Central

    Nzila, Alexis; Razzak, Shaikh Abdur; Zhu, Jesse

    2016-01-01

    A promising long-term and sustainable solution to the growing scarcity of water worldwide is to recycle and reuse wastewater. In wastewater treatment plants, the biodegradation of contaminants or pollutants by harnessing microorganisms present in activated sludge is one of the most important strategies to remove organic contaminants from wastewater. However, this approach has limitations because many pollutants are not efficiently eliminated. To counterbalance the limitations, bioaugmentation has been developed and consists of adding specific and efficient pollutant-biodegrading microorganisms into a microbial community in an effort to enhance the ability of this microbial community to biodegrade contaminants. This approach has been tested for wastewater cleaning with encouraging results, but failure has also been reported, especially during scale-up. In this review, work on the bioaugmentation in the context of removal of important pollutants from industrial wastewater is summarized, with an emphasis on recalcitrant compounds, and strategies that can be used to improve the efficiency of bioaugmentation are also discussed. This review also initiates a discussion regarding new research areas, such as nanotechnology and quorum sensing, that should be investigated to improve the efficiency of wastewater bioaugmentation. PMID:27571089

  6. Bioaugmentation: An Emerging Strategy of Industrial Wastewater Treatment for Reuse and Discharge.

    PubMed

    Nzila, Alexis; Razzak, Shaikh Abdur; Zhu, Jesse

    2016-08-25

    A promising long-term and sustainable solution to the growing scarcity of water worldwide is to recycle and reuse wastewater. In wastewater treatment plants, the biodegradation of contaminants or pollutants by harnessing microorganisms present in activated sludge is one of the most important strategies to remove organic contaminants from wastewater. However, this approach has limitations because many pollutants are not efficiently eliminated. To counterbalance the limitations, bioaugmentation has been developed and consists of adding specific and efficient pollutant-biodegrading microorganisms into a microbial community in an effort to enhance the ability of this microbial community to biodegrade contaminants. This approach has been tested for wastewater cleaning with encouraging results, but failure has also been reported, especially during scale-up. In this review, work on the bioaugmentation in the context of removal of important pollutants from industrial wastewater is summarized, with an emphasis on recalcitrant compounds, and strategies that can be used to improve the efficiency of bioaugmentation are also discussed. This review also initiates a discussion regarding new research areas, such as nanotechnology and quorum sensing, that should be investigated to improve the efficiency of wastewater bioaugmentation.

  7. Culture as metaphor: company culture and business strategy at Raleigh Industries, c. 1945-60.

    PubMed

    Lloyd-Jones, R; Lewis, M J; Eason, M

    1999-01-01

    This study of Raleigh Industries, one of the leading bicycle manufactures in the world in the immediate post-war years, argues that its business strategy was in part shaped by a managerial commitment to a dominant company culture which was deeply embedded in Raleigh's history. Using the notion of culture as metaphor, the paper examines the way that core values in the company acted as a guide in the setting of organisational goals and, intended or unintended, impinged upon company performance. In many respects, the culture guided the company well, but our study shows a number of ambiguities, tensions and contradictions between culture and strategy which had negative effects on company behaviour. Thus, Raleigh's attachment to personal capitalism constrained its capacity expansion programme, and, while it adopted what appeared to be a progressive education and training policy, it in effect trained workers for the past rather than the future.

  8. "Below the Line": The tobacco industry and youth smoking.

    PubMed

    Coombs, Jaimee; Bond, Laura; Van, Victoria; Daube, Mike

    2011-01-01

    This paper provides a comprehensive account of how the tobacco industry, over time, has promoted its products to young people. A comprehensive search of tobacco industry documents relating to youth smoking was conducted using documents available on the World Wide Web through the Master Settlement Agreement. The documents provide evidence that the industry invested great time and resources in developing strategies to attract young people through Youth Smoking Prevention strategies (including education strategies) and marketing to youth. The results include information from published literature and direct excerpts from the tobacco industry documents. The tobacco industry documents confirm that the tobacco industry has promoted and supported strategies that are ineffective in reducing smoking by youth, and opposed strategies that have proven to be effective. It is clear from the documents reviewed that the industry values the youth market and through a number of measures continues to promote its products to young people.

  9. Productivity improvement through industrial engineering in the semiconductor industry

    NASA Astrophysics Data System (ADS)

    Meyersdorf, Doron

    1996-09-01

    Industrial Engineering is fairly new to the semiconductor industry, though the awareness to its importance has increased in recent years. The US semiconductor industry in particular has come to the realization that in order to remain competitive in the global market it must take the lead not only in product development but also in manufacturing. Industrial engineering techniques offer one ofthe most effective strategies for achieving manufacturing excellence. Industrial engineers play an important role in the success of the manufacturing facility. This paper defines the Industrial engineers role in the IC facility, set the visions of excellence in semiconductor manufacturing and highlights 10 roadblocks on the journey towards manufacturing excellence.

  10. The Litigation Engine: Influence and Control of K-12 Arts Education Policy. Symposium: Control and K-12 Arts Education: Part 1. Meanings and Means.

    ERIC Educational Resources Information Center

    Richmond, John W.

    1994-01-01

    Asserts that it is ironic to discuss issues of control of arts education policy at a time when national and state leaders describe the public education system as out of control. Examines litigation as an "engine" or driving force of the influence and control of arts education policy from three perspectives. (CFR)

  11. Global health governance and the commercial sector: a documentary analysis of tobacco company strategies to influence the WHO framework convention on tobacco control.

    PubMed

    Weishaar, Heide; Collin, Jeff; Smith, Katherine; Grüning, Thilo; Mandal, Sema; Gilmore, Anna

    2012-01-01

    In successfully negotiating the Framework Convention on Tobacco Control (FCTC), the World Health Organization (WHO) has led a significant innovation in global health governance, helping to transform international tobacco control. This article provides the first comprehensive review of the diverse campaign initiated by transnational tobacco corporations (TTCs) to try to undermine the proposed convention. The article is primarily based on an analysis of internal tobacco industry documents made public through litigation, triangulated with data from official documentation relating to the FCTC process and websites of relevant organisations. It is also informed by a comprehensive review of previous studies concerning tobacco industry efforts to influence the FCTC. The findings demonstrate that the industry's strategic response to the proposed WHO convention was two-fold. First, arguments and frames were developed to challenge the FCTC, including: claiming there would be damaging economic consequences; depicting tobacco control as an agenda promoted by high-income countries; alleging the treaty conflicted with trade agreements, "good governance," and national sovereignty; questioning WHO's mandate; claiming the FCTC would set a precedent for issues beyond tobacco; and presenting corporate social responsibility (CSR) as an alternative. Second, multiple tactics were employed to promote and increase the impact of these arguments, including: directly targeting FCTC delegations and relevant political actors, enlisting diverse allies (e.g., mass media outlets and scientists), and using stakeholder consultation to delay decisions and secure industry participation. TTCs' efforts to undermine the FCTC were comprehensive, demonstrating the global application of tactics that TTCs have previously been found to have employed nationally and further included arguments against the FCTC as a key initiative in global health governance. Awareness of these strategies can help guard against

  12. Smoking, disease, and obdurate denial: the Australian tobacco industry in the 1980s

    PubMed Central

    Carter, S; Chapman, S

    2003-01-01

    Objective: To contrast the Australian tobacco industry's awareness of the diseases caused by smoking with their aggressive public denial on the relation between smoking and disease in the 1980s. Design: Analysis of 325 industry documents from the world wide web. Results: In the 1980s Australian cigarette manufacturers were informed constantly by the international industry of the medical consensus that smoking caused disease. In addition Philip Morris (Australia) Limited received reports of Philip Morris' international biological research programme and visited its Richmond research facility; and WD&HO Wills part funded, co-managed, and contributed research to the British American Tobacco groups' biological research programme. Despite this knowledge, the Australian manufacturers had a policy of arguing to their employees, decision makers, and the general public that questions of smoking and disease were unresolved. The industry catalogued the literature, developed arguments against the main claims made by health groups, and attacked public health advocates who made statements linking smoking to death and disease. Industry studies suggested that a 20–30% minority of the Australian public agreed with the industry on smoking and disease, diminishing across the decade. Conclusion: Australian manufacturers were clearly negligent in the 1980s, deliberately working to undermine Australians' understandings of the diseases caused by smoking despite their own private knowledge. Continuing scepticism about smoking and disease, corresponding with the industry's deceptions, exists in Australian smokers today, suggesting that their actions may have slowed the rate of decline in smoking prevalence. These revelations provide important evidence for Australian litigation and advocacy. PMID:14645945

  13. Introduction to patent strategies for medical device inventions.

    PubMed

    Gutman, Siegmond Y; Capraro, Joe; Chen, Tom

    2016-11-01

    Siegmund Gutman is the Chair of the Life Sciences Patent practice and a partner at the global law firm of Proskauer Rose LLP. Siegmund's practice focuses on developing and executing business-oriented patent strategies for medical device, biotechnology, and biopharmaceutical clients, including early-stage and mature companies, as well as academic and other research organizations. His background combines a graduate degree in biophysical chemistry and molecular and cell biology with more than 25 years of experience in the life sciences industry, including serving as senior counsel at Amgen. Joe Capraro is a partner and the Boston Office Head at the law firm of Proskauer Rose LLP. Joe has more than 25 years of experience advising start-ups and established companies on intellectual property issues. Joe has amassed broad intellectual property and transactional experience over the years and provides clients with practical, business-oriented advice. Tom Chen is a senior associate in the Los Angeles office of Proskauer Rose LLP, where his practice focuses on patent litigation and counseling in the life sciences sector. Tom holds an A.B. in chemistry and pharmacology from Duke University, and an M.S. in biotechnology from Johns Hopkins University. Prior to joining Proskauer, Tom previously served as a judicial law clerk for the Honorable Alvin A. Schall of the U.S. Court of Appeals for the Federal Circuit, and the Honorable Leonard P. Stark of the U.S. District Court for the District of Delaware. Copyright © 2016. Published by Elsevier Inc.

  14. Strategy for the Eighties: High Technology Industrial Development.

    ERIC Educational Resources Information Center

    Kansas State Dept. of Economic Development, Topeka.

    The need for high technology development in Kansas is assessed, with attention to community considerations and the roles of universities and state government in fostering technology development and community considerations. After defining a high technology industry, technologically innovative industries are identified, and influences on the…

  15. Model For Marketing Strategy Decision Based On Multicriteria Decicion Making: A Case Study In Batik Madura Industry

    NASA Astrophysics Data System (ADS)

    Anna, I. D.; Cahyadi, I.; Yakin, A.

    2018-01-01

    Selection of marketing strategy is a prominent competitive advantage for small and medium enterprises business development. The selection process is is a multiple criteria decision-making problem, which includes evaluation of various attributes or criteria in a process of strategy formulation. The objective of this paper is to develop a model for the selection of a marketing strategy in Batik Madura industry. The current study proposes an integrated approach based on analytic network process (ANP) and technique for order preference by similarity to ideal solution (TOPSIS) to determine the best strategy for Batik Madura marketing problems. Based on the results of group decision-making technique, this study selected fourteen criteria, including consistency, cost, trend following, customer loyalty, business volume, uniqueness manpower, customer numbers, promotion, branding, bussiness network, outlet location, credibility and the inovation as Batik Madura marketing strategy evaluation criteria. A survey questionnaire developed from literature review was distributed to a sample frame of Batik Madura SMEs in Pamekasan. In the decision procedure step, expert evaluators were asked to establish the decision matrix by comparing the marketing strategy alternatives under each of the individual criteria. Then, considerations obtained from ANP and TOPSIS methods were applied to build the specific criteria constraints and range of the launch strategy in the model. The model in this study demonstrates that, under current business situation, Straight-focus marketing strategy is the best marketing strategy for Batik Madura SMEs in Pamekasan.

  16. Global History. A Curriculum Guide. Second Semester. Theme V: The Industrial Revolution Had Global Impact. Teacher Strategies. Experimental Edition.

    ERIC Educational Resources Information Center

    New York City Board of Education, Brooklyn, NY. Div. of Curriculum and Instruction.

    Designed to assist teachers and supervisors in the implementation of the global history course, this bulletin presents learning activities which include the rationale, performance objectives, and teaching strategies related to Theme V entitled, "The Industrial Revolution Had Global Impact." This theme has seven subthemes: (1)…

  17. Productivity improvement through industrial engineering in the semiconductor industry

    NASA Astrophysics Data System (ADS)

    Meyersdorf, Doron

    1996-09-01

    Industrial engineering is fairly new to the semiconductor industry, though the awareness to its importance has increased in recent years. The U.S. semiconductor industry in particular has come to the realization that in order to remain competitive in the global market it must take the lead not only in product development but also in manufacturing. Industrial engineering techniques offer one of the most effective strategies for achieving manufacturing excellence. Industrial engineers play an important role in the success of the manufacturing facility. This paper defines the industrial engineers role in the IC facility, sets the visions of excellence in semiconductor manufacturing and highlights 10 roadblocks on the journey towards manufacturing excellence.

  18. Dust diseases and the legacy of corporate manipulation of science and law

    PubMed Central

    Egilman, David; Bird, Tess; Lee, Caroline

    2014-01-01

    Background: The dust diseases silicosis and asbestosis were the first occupational diseases to have widespread impact on workers. Knowledge that asbestos and silica were hazardous to health became public several decades after the industry knew of the health concerns. This delay was largely influenced by the interests of Metropolitan Life Insurance Company (MetLife) and other asbestos mining and product manufacturing companies. Objectives: To understand the ongoing corporate influence on the science and politics of asbestos and silica exposure, including litigation defense strategies related to historical manipulation of science. Methods: We examined previously secret corporate documents, depositions and trial testimony produced in litigation; as well as published literature. Results: Our analysis indicates that companies that used and produced asbestos have continued and intensified their efforts to alter the asbestos–cancer literature and utilize dust-exposure standards to avoid liability and regulation. Organizations of asbestos product manufacturers delayed the reduction of permissible asbestos exposures by covering up the link between asbestos and cancer. Once the decline of the asbestos industry in the US became inevitable, the companies and their lawyers designed the state of the art (SOA) defense to protect themselves in litigation and to maintain sales to developing countries. Conclusions: Asbestos product companies would like the public to believe that there was a legitimate debate surrounding the dangers of asbestos during the twentieth century, particularly regarding the link to cancer, which delayed adequate regulation. The asbestos–cancer link was not a legitimate contestation of science; rather the companies directly manipulated the scientific literature. There is evidence that industry manipulation of scientific literature remains a continuing problem today, resulting in inadequate regulation and compensation and perpetuating otherwise

  19. Green supplier selection: a new genetic/immune strategy with industrial application

    NASA Astrophysics Data System (ADS)

    Kumar, Amit; Jain, Vipul; Kumar, Sameer; Chandra, Charu

    2016-10-01

    With the onset of the 'climate change movement', organisations are striving to include environmental criteria into the supplier selection process. This article hybridises a Green Data Envelopment Analysis (GDEA)-based approach with a new Genetic/Immune Strategy for Data Envelopment Analysis (GIS-DEA). A GIS-DEA approach provides a different view to solving multi-criteria decision making problems using data envelopment analysis (DEA) by considering DEA as a multi-objective optimisation problem with efficiency as one objective and proximity of solution to decision makers' preferences as the other objective. The hybrid approach called GIS-GDEA is applied here to a well-known automobile spare parts manufacturer in India and the results presented. User validation developed based on specific set of criteria suggests that the supplier selection process with GIS-GDEA is more practical than other approaches in a current industrial scenario with multiple decision makers.

  20. Relationship Between Malpractice Litigation Pressure and Rates of Cesarean Section and Vaginal Birth After Cesarean Section

    PubMed Central

    Yang, Y. Tony; Mello, Michelle M.; Subramanian, S. V.; Studdert, David M.

    2011-01-01

    Background Since the 1990s, nationwide rates of vaginal birth after cesarean section (VBAC) have decreased sharply and rates of cesarean section have increased sharply. Both trends are consistent with clinical behavior aimed at reducing obstetricians’ exposure to malpractice litigation. Objective To estimate the effects of malpractice pressure on rates of VBAC and cesarean section. Research Design, Subjects, Measures We used state-level longitudinal mixed-effects regression models to examine data from the Natality Detail File on births in the United States (1991–2003). Malpractice pressure was measured by liability insurance premiums and tort reforms. Outcome measures were rates of VBAC, cesarean section, and primary cesarean section. Results Malpractice premiums were positively associated with rates of cesarean section (β = 0.15, P = 0.02) and primary cesarean section (β = 0.16, P = 0.009), and negatively associated with VBAC rates (β = −0.35, P = 0.01). These estimates imply that a $10,000 decrease in premiums for obstetrician-gynecologists would be associated with an increase of 0.35 percentage points (1.45%) in the VBAC rate and decreases of 0.15 and 0.16 percentage points (0.7% and 1.18%) in the rates of cesarean section and primary cesarean section, respectively; this would correspond to approximately 1600 more VBACs, 6000 fewer cesarean sections, and 3600 fewer primary cesarean sections nationwide in 2003. Two types of tort reform—caps on noneconomic damages and pretrial screening panels—were associated with lower rates of cesarean section and higher rates of VBAC. Conclusions The liability environment influences choice of delivery method in obstetrics. The effects are not large, but reduced litigation pressure would likely lead to decreases in the total number cesarean sections and total delivery costs. PMID:19169125

  1. Designing, implementing and monitoring social impact mitigation strategies: Lessons from Forest Industry Structural Adjustment Packages

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

    Loxton, Edwina A., E-mail: Edwina.Loxton@anu.edu.au; Schirmer, Jacki, E-mail: Jacki.Schirmer@canberra.edu.au; Cooperative Research Centre for Forestry, Hobart, 7001

    2013-09-15

    Social impact mitigation strategies are implemented by the proponents of policies and projects with the intent of reducing the negative, and increasing the positive social impacts of their activities, and facilitating the achievement of policy/project goals. Evaluation of mitigation strategies is critical to improving their future success and cost-effectiveness. This paper evaluates two Forest Industry Structural Adjustment Packages (FISAP) implemented in Australia in the 1990s to 2000s as part of broader policy changes that reduced access to timber from publicly owned native forests. It assesses the effectiveness of the structure, design, implementation and monitoring of the FISAPs, and highlights themore » interactions between these four elements and their influence on social impacts. The two FISAPs were found to be effective in terms of reducing negative impacts, encouraging positive impacts and contributing towards policy goals, although they did not mitigate negative impacts in all cases, and sometimes interacted with external factors and additional policy changes to contribute to significant short and long term negative impacts. -- Highlights: ► Mitigation strategies aim to reduce negative and enhance positive social impacts ► Mitigation strategy design, implementation, and monitoring are critical to success ► Effective mitigation enhanced the capacity of recipients to respond to change ► Mitigation strategies influenced multiple interacting positive and negative impacts ► Success required good communication, transparency, support, resources and timing.« less

  2. Recruitment strategies for a hand dermatitis prevention programme in the food industry.

    PubMed

    Kaatz, Martin; Ladermann, Regina; Stadeler, Martina; Fluhr, Joachim Wilhelm; Elsner, Peter; Bauer, Andrea

    2008-09-01

    An interdisciplinary 'Skin Disease Prevention Programme (SDPP) in the baking, hotel, and catering industries' was established. However, only 30% of the eligible employees suffering from occupational hand dermatitis (OHD) participated in the programme. The aim of the present study was to increase the participation rate in the SDPP from 30% to 50% by specific recruitment strategies. Two hundred and twenty five baker and catering trade employees suffering from OHD were included in a prospective controlled intervention study. The employees were invited to take part in the SDPP using (i) a standard invitation letter (n = 40), (ii) a newly developed, personalized, and targeted invitation letter (n = 52), (iii) the new invitation letter and a case report (n = 75), and (iv) the new invitation letter, the case report, and the additional information (n = 58). The commitment of the employees to join the SDPP increased significantly from 30% to 54% (P < 0.02) in the group receiving the new personalized targeted invitation letter. Neither the additional case report nor the supplementation with additional information concerning the SDPP did further increase the recruitment. The strategy to personalize and target the new invitation letter was successful to influence the employees' commitment to participate in the SDPP.

  3. The role of human rights litigation in improving access to reproductive health care and achieving reductions in maternal mortality.

    PubMed

    Dunn, Jennifer Templeton; Lesyna, Katherine; Zaret, Anna

    2017-11-08

    Improving maternal health, reducing global maternal mortality, and working toward universal access to reproductive health care are global priorities for United Nations agencies, national governments, and civil society organizations. Human rights lawyers have joined this global movement, using international law and domestic constitutions to hold nations accountable for preventable maternal death and for failing to provide access to reproductive health care services. This article discusses three decisions in which international treaty bodies find the nations of Brazil and Peru responsible for violations of the Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Civil and Political Rights and also two domestic decisions alleging constitutional violations in India and Uganda. The authors analyze the impact of these decisions on access to maternal and other reproductive health services in Brazil, Peru, India, and Uganda and conclude that litigation is most effective when aligned with ongoing efforts by the public health community and civil society organizations. In filing these complaints and cases on behalf of individual women and their families, legal advocates highlight health system failures and challenge the historical structures and hierarchies that discriminate against and devalue women. These international and domestic decisions empower women and their communities and inspire nations and other stakeholders to commit to broader social, economic, and political change. Human rights litigation brings attention to existing public health campaigns and supports the development of local and global movements and coalitions to improve women's health.

  4. The implementation of California's tobacco tax initiative: the critical role of outsider strategies in protecting Proposition 99.

    PubMed

    Balbach, E D; Traynor, M P; Glantz, S A

    2000-08-01

    Enacted in 1988, Proposition 99 increased California's cigarette tax by 25 cents per pack and allocated a minimum of 20 percent of the revenues to fund antitobacco education. Tobacco control advocates had used an initiative to secure the tax increase because the legislature had not increased the tobacco tax since 1967, even though public opinion polls showed that the tax was politically popular. Advocates, however, then had to return to the legislature to negotiate implementing legislation. Between 1989 and 1996, the legislature underfunded the Proposition 99 Health Education programs by over $273 million. This underfunding occurred because the public health groups failed to exercise power, ideas, and the leadership needed for legislative success. Even successful litigation against the governor failed to restore the programs. In July 1996, however, the underexpenditures stopped because the issue of the diversions received significant media and public attention. The tobacco control groups used a variety of outsider strategies, including paid advertising, free media, and a grassroots campaign, and the leadership of these groups, in addition to the lobbyists, got involved in the campaign to secure implementing legislation. Without ongoing public pressure, it is likely that policy changes created by tobacco tax initiatives will dissipate into something acceptable to powerful insider interests, such as the tobacco and medical service provider industries.

  5. Independent validation of the MMPI-2-RF Somatic/Cognitive and Validity scales in TBI Litigants tested for effort.

    PubMed

    Youngjohn, James R; Wershba, Rebecca; Stevenson, Matthew; Sturgeon, John; Thomas, Michael L

    2011-04-01

    The MMPI-2 Restructured Form (MMPI-2-RF; Ben-Porath & Tellegen, 2008) is replacing the MMPI-2 as the most widely used personality test in neuropsychological assessment, but additional validation studies are needed. Our study examines MMPI-2-RF Validity scales and the newly created Somatic/Cognitive scales in a recently reported sample of 82 traumatic brain injury (TBI) litigants who either passed or failed effort tests (Thomas & Youngjohn, 2009). The restructured Validity scales FBS-r (restructured symptom validity), F-r (restructured infrequent responses), and the newly created Fs (infrequent somatic responses) were not significant predictors of TBI severity. FBS-r was significantly related to passing or failing effort tests, and Fs and F-r showed non-significant trends in the same direction. Elevations on the Somatic/Cognitive scales profile (MLS-malaise, GIC-gastrointestinal complaints, HPC-head pain complaints, NUC-neurological complaints, and COG-cognitive complaints) were significant predictors of effort test failure. Additionally, HPC had the anticipated paradoxical inverse relationship with head injury severity. The Somatic/Cognitive scales as a group were better predictors of effort test failure than the RF Validity scales, which was an unexpected finding. MLS arose as the single best predictor of effort test failure of all RF Validity and Somatic/Cognitive scales. Item overlap analysis revealed that all MLS items are included in the original MMPI-2 Hy scale, making MLS essentially a subscale of Hy. This study validates the MMPI-2-RF as an effective tool for use in neuropsychological assessment of TBI litigants.

  6. "The lobbying strategy is to keep excise as low as possible" - tobacco industry excise taxation policy in Ukraine

    PubMed Central

    2010-01-01

    Background Tobacco taxes are one of the most effective ways to reduce tobacco use. Transnational tobacco companies (TTCs) claim they wish to develop and secure excise systems that benefit both governments and the profitability of the companies themselves. The objective of the paper is to use the case of Ukraine, with its inconsistent history of excise tax changes in 1992-2008, to explore tobacco industry taxation strategies and tactics, and their implications for governmental revenues. Methods Details of tobacco industry policy on tobacco taxation in Ukraine were obtained by searching tobacco industry internal documents and various published reports. Results Even before entering the market in Ukraine, TTCs had made efforts to change the excise system in the country. In 1993-1994, TTCs lobbied the Ukrainian Government, and succeeded in achieving a lowering in tobacco tax. This, however, did not produce revenue increase they promised the Government. In 1996-1998, Ukrainian authorities increased excise several times, ignoring the wishes of TTCs, caused significant growth in revenue. Due to TTCs lobbying activities in 1999-2007 the tax increases were very moderate and it resulted in increased tobacco consumption in Ukraine. In 2008, despite the TTCs position, excise rates were increased twice and it was very beneficial for revenues. Conclusions The Framework Convention on Tobacco Control includes provisions both on tobacco taxation policy and on protection of public health policy from vested interests of tobacco industry. This paper provides arguments why tobacco taxation policy should also be protected from vested interests of tobacco industry. TTCs taxation strategy appears to be consistent: keep excise as low as possible. Apparent conflicts between TTCs concerning tax structures often hide their real aim to change tax structures for competing interests without increasing total tax incidence. Governments, that aim to reduce levels of tobacco use, should not allow

  7. Test strategies for industrial testers for converter controls equipment

    NASA Astrophysics Data System (ADS)

    Oleniuk, P.; Di Cosmo, M.; Kasampalis, V.; Nisbet, D.; Todd, B.; Uznański, S.

    2017-04-01

    Power converters and their controls electronics are key elements for the operation of the CERN accelerator complex, having a direct impact on its availability. To prevent early-life failures and provide means to verify electronics, a set of industrial testers is used throughout the converters controls electronics' life cycle. The roles of the testers are to validate mass production during the manufacturing phase and to provide means to diagnose and repair failed modules that are brought back from operation. In the converter controls electronics section of the power converters group in the technology department of CERN (TE/EPC/CCE), two main test platforms have been adopted: a PXI platform for mixed analogue-digital functional tests and a JTAG Boundary-Scan platform for digital interconnection and functional tests. Depending on the functionality of the device under test, the appropriate test platforms are chosen. This paper is a follow-up to results presented at the TWEPP 2015 conference, adding the boundary scan test platform and the first results from exploitation of the test system. This paper reports on the test software, hardware design and test strategy applied for a number of devices that has resulted in maximizing test coverage and minimizing test design effort.

  8. Chromatography in Industry

    NASA Astrophysics Data System (ADS)

    Schoenmakers, Peter

    2009-07-01

    This review focuses on the chromatography research that has been carried out within industry or in close cooperation with industry and that has been reported in the scientific literature between 2006 and mid-2008. Companies in the health care sector, such as pharmaceutical and biotechnology companies, are the largest contributors. Industrial research seems to take place in an open environment in cooperation with academia, peer companies, and institutions. Industry appears ready to embrace new technologies as they emerge, but they focus strongly on making chromatography work robustly, reliably, rapidly, and automatically. “Hyphenated” systems that incorporate on-line sample-preparation techniques and mass-spectrometric detection are the rule rather than the exception. Various multidimensional separation methods are finding numerous applications. Strategies aimed at speeding up the development of new chromatographic methods remain the focus of attention. Also, there is a clear trend toward exploring chromatographic methods for parallel processing along with other strategies for high-throughput analysis.

  9. Linking Effective Project Management to Business Strategy in Oil and Gas Industry through Decision-making Processes

    NASA Astrophysics Data System (ADS)

    Adeleke, Adeyinka

    The construction project in the oil and gas industry covers the entire spectrum of hydrocarbon production from the wellhead (upstream) to downstream facilities. In each of these establishments, the activities in a construction project include: consulting, studies, front-end engineering, detail engineering, procurement, program management, construction, installation, commissioning and start-up. Efficient management of each of the activities involved in construction projects is one of the driving forces for the successful completion of the project. Optimizing the crucial factors in project management during each phase of a project in an oil and gas industry can assist managers to maximize the use of available resources and drive the project to successful conclusions. One of these factors is the decision-making process in the construction project. Current research effort investigated the relationship between decision-making processes and business strategy in oil and gas industry using employee surveys. I recruited employees of different races, age group, genders, and years of experience in order understand their influence on the implementation of the decision-making process in oil and gas industry through a quantitative survey. Decision-making was assessed using five decision measures: (a) rational, (b) intuitive, (c) dependent, (d) avoidant, and (e) spontaneous. The findings indicated gender, age, years of work experience and job titles as primary variables with a negative relationship with decision-making approach for employees working in a major oil and gas industry. The study results revealed that the two most likely decision-making methods in oil and gas industry include: making a decision in a logical and systematic way and seek assistance from others when making a decision. Additionally, the two leading management approaches to decision-making in the oil and gas industry include: decision analysis is part of organization culture and management is committed to

  10. Minorities, the Poor and School Finance Reform. Vol. 8: A History of School Finance Reform Litigation and the Interests of Urban, Poor and Minority Children.

    ERIC Educational Resources Information Center

    Dimond, Paul R.

    As part of a nine-volume, six-state study of the impact of school finance reform on minorities and the poor, this report describes the history of court litigation concerning finance reform. The report's first part traces school finance reform from roughly 1900 through 1971 and summarizes parallel reform efforts by racial and ethnic minorities and…

  11. Evaluative reports on medical malpractice policies in obstetrics: a rapid scoping review.

    PubMed

    Cardoso, Roberta; Zarin, Wasifa; Nincic, Vera; Barber, Sarah Louise; Gulmezoglu, Ahmet Metin; Wilson, Charlotte; Wilson, Katherine; McDonald, Heather; Kenny, Meghan; Warren, Rachel; Straus, Sharon E; Tricco, Andrea C

    2017-09-06

    The clinical specialty of obstetrics is under particular scrutiny with increasing litigation costs and unnecessary tests and procedures done in attempts to prevent litigation. We aimed to identify reports evaluating or comparing the effectiveness of medical liability reforms and quality improvement strategies in improving litigation-related outcomes in obstetrics. We conducted a rapid scoping review with a 6-week timeline. MEDLINE, EMBASE, LexisNexis Academic, the Legal Scholarship Network, Justis, LegalTrac, QuickLaw, and HeinOnline were searched for publications in English from 2004 until June 2015. The selection criteria for screening were established a priori and pilot-tested. We included reports comparing or evaluating the impact of obstetrics-related medical liability reforms and quality improvement strategies on cost containment and litigation settlement across all countries. All levels of screening were done by two reviewers independently, and discrepancies were resolved by a third reviewer. In addition, two reviewers independently extracted relevant data using a pre-tested form, and discrepancies were resolved by a third reviewer. The results were summarized descriptively. The search resulted in 2729 citations, of which 14 reports met our eligibility criteria. Several initiatives for improving the medical malpractice litigation system were found, including no-fault approaches, patient safety policy initiatives, communication and resolution, caps on compensation and attorney fees, alternative payment system and liabilities, and limitations on litigation. Only a few litigation policies in obstetrics were evaluated or compared. Included documents showed that initiatives to reduce medical malpractice litigation could be associated with a decrease in adverse and malpractice events. However, due to heterogeneous settings (e.g., economic structure, healthcare system) and variation in the outcomes reported, the advantages and disadvantages of initiatives may vary.

  12. The impact of the Daubert case on modern litigation.

    PubMed

    Mavroforou, Anna; Michalodimitrakis, Emmanuel

    2008-12-01

    Numerous product liability and toxic tort verdicts were arguably unjustly made on the basis of "junk science" threatening not only justice but the workings of the American economy. This problem was expected to be solved with the application of Daubert criteria, which require the courts to determine whether an expert's testimony reflects scientific knowledge, whether his/her findings are derived by the scientific method, and whether the work product is based on good science. Moreover, the Daubert criteria were expected to have an extraordinary impact on criminal litigation because there is rarely a criminal trial that does not rely on some form of expert testimony. However, there has been some debate on how such standards should be applied to cases involving relatively new product technologies, which only recently have been approved for a specific use, when an incident occurs and for which no published articles or other peer review summaries exist. Additionally, because most violent crimes are committed by the poor and their court appointed advocates, who are overworked and under-financed, are not up to the challenge. Therefore, with the Daubert standards for the admissibility of scientific evidence in the courts alone no significant improvement is expected. The presence of a system of effective representation in criminal cases along with efforts to educate judges and courts to understand ranges of scientific evidence and to recognise the reasonableness of scientific disagreements in civil and criminal cases are of paramount importance.

  13. Alcohol industry self-regulation: who is it really protecting?

    PubMed

    Noel, Jonathan; Lazzarini, Zita; Robaina, Katherine; Vendrame, Alan

    2017-01-01

    Self-regulation has been promoted by the alcohol industry as a sufficient means of regulating alcohol marketing activities. However, evidence suggests that the guidelines of self-regulated alcohol marketing codes are violated routinely, resulting in excessive alcohol marketing exposure to youth and the use of content that is potentially harmful to youth and other vulnerable populations. If the alcohol industry does not adhere to its own regulations the purpose and design of these codes should be questioned. Indeed, implementation of alcohol marketing self-regulation in Brazil, the United Kingdom and the United States was likely to delay statutory regulation rather than to promote public health. Moreover, current self-regulation codes suffer from vague language that may allow the industry to circumvent the guidelines, loopholes that may obstruct the implementation of the codes, lax exposure guidelines that can allow excessive youth exposure, even if properly followed, and a standard of review that may be inappropriate for protecting vulnerable populations. Greater public health benefits may be realized if legislative restrictions were applied to alcohol marketing, and strict statutory alcohol marketing regulations have been implemented and defended successfully in the European Union, with European courts declaring that restrictions on alcohol marketing are proportional to the benefits to public health. In contrast, attempts to restrict alcohol marketing activities in the United States have occurred through private litigation and have been unsuccessful. None the less, repeated violations of industry codes may provide legislators with sufficient justification to pass new legislation and for such legislation to withstand constitutional review in the United States and elsewhere. © 2016 Society for the Study of Addiction.

  14. Application of poultry processing industry waste: a strategy for vegetation growth in degraded soil.

    PubMed

    do Nascimento, Carla Danielle Vasconcelos; Pontes Filho, Roberto Albuquerque; Artur, Adriana Guirado; Costa, Mirian Cristina Gomes

    2015-02-01

    The disposal of poultry processing industry waste into the environment without proper care, can cause contamination. Agricultural monitored application is an alternative for disposal, considering its high amount of organic matter and its potential as a soil fertilizer. This study aimed to evaluate the potential of poultry processing industry waste to improve the conditions of a degraded soil from a desertification hotspot, contributing to leguminous tree seedlings growth. The study was carried out under greenhouse conditions in a randomized blocks design and a 4 × 2 factorial scheme with five replicates. The treatments featured four amounts of poultry processing industry waste (D1 = control 0 kg ha(-1); D2 = 1020.41 kg ha(-1); D3 = 2040.82 kg ha(-1); D4 = 4081.63 kg ha(-1)) and two leguminous tree species (Mimosa caesalpiniaefolia Benth and Leucaena leucocephala (Lam.) de Wit). The poultry processing industry waste was composed of poultry blood, grease, excrements and substances from the digestive system. Plant height, biomass production, plant nutrient accumulation and soil organic carbon were measured forty days after waste application. Leguminous tree seedlings growth was increased by waste amounts, especially M. caesalpiniaefolia Benth, with height increment of 29.5 cm for the waste amount of 1625 kg ha(-1), and L. leucocephala (Lam.) de Wit, with maximum height increment of 20 cm for the waste amount of 3814.3 kg ha(-1). M. caesalpiniaefolia Benth had greater initial growth, as well as greater biomass and nutrient accumulation compared with L. leucocephala (Lam.) de Wit. However, belowground biomass was similar between the evaluated species, resulting in higher root/shoot ratio for L. leucocephala (Lam.) de Wit. Soil organic carbon did not show significant response to waste amounts, but it did to leguminous tree seedlings growth, especially L. leucocephala (Lam.) de Wit. Poultry processing industry waste contributes to leguminous tree seedlings growth

  15. Marketing 'less harmful, low-tar' cigarettes is a key strategy of the industry to counter tobacco control in China.

    PubMed

    Yang, Gonghuan

    2014-03-01

    While the 'low-tar' scheme has been widely recognised as a misleading tactic used by the tobacco industry to deceive the public about the true risks of cigarette smoking, a similar campaign using the slogan of 'less harmful, low tar' was launched by the Chinese tobacco industry, that is, State Tobacco Monopoly Administration/China National Tobacco Corporation and began to gain traction during the last decade. Despite the fact that no sufficient research evidence supports the claims made by the industry that these cigarettes are safer, the Chinese tobacco industry has continued to promote them using various health claims. As a result, the production and sales of 'less harmful, low-tar' cigarettes have increased dramatically since 2000. Recently, a tobacco industry senior researcher, whose main research area is 'less harmful, low-tar' cigarettes, was elected as an Academician to the prestigious Chinese Academy of Engineering for his contribution to developing 'less harmful, low-tar' cigarettes. The tobacco researcher's election caused an outcry from the tobacco control community and the general public in China. This paper discusses the Chinese tobacco industry's 'less harmful, low-tar' initiatives and calls for the Chinese government to stop the execution of this deceptive strategy for tobacco marketing.

  16. Economic and Technological Role of Kuzbass Industry in the Implementation of National Energy Strategy of Russian Federation

    NASA Astrophysics Data System (ADS)

    Zhironkin, S. A.; Khoreshok, A. A.; Tyulenev, M. A.; Barysheva, G. A.; Hellmer, M. C.

    2016-08-01

    This article describes the problems and prospects of development of coal mining in Kuzbass - the center of coal production in Siberia and Russia, in the framework of the major initiatives of the National Energy Strategy for the period until 2035. The structural character of the regional coal industry problems, caused by decline in investment activity, high level of fixed assets depreciation, slow development of deep coal processing and technological reduction of coal mining is shown.

  17. Using litigation to defend women prosecuted for abortion in Mexico: challenging state laws and the implications of recent court judgments.

    PubMed

    Paine, Jennifer; Noriega, Regina Tamés; Puga, Alma Luz Beltrán Y

    2014-11-01

    While women in Mexico City can access free, safe and legal abortion during the first trimester, women in other Mexican states face many barriers. To complicate matters, between 2008 and 2009, 16 state constitutions were amended to protect life from conception. While these reforms do not annul existing legal abortion indications, they have created additional obstacles for women. Health providers increasingly report women who seek life-saving care for complications such as haemorrhage to the police, and some cases eventually end up in court. The Grupo de Información en Reproducción Elegida (GIRE) has successfully litigated such cases in state courts, with positive outcomes. However, state courts have mainly focused on procedural issues. The Mexican Supreme Court ruling supporting Mexico City's law has had a positive effect, but a stronger stance is needed. This paper discusses the constitutional framework and jurisprudence regarding abortion in Mexico, and the recent Costa Rica decision of the Inter-American Court of Human Rights. We assert that Mexican states must guarantee women's access to abortion on the legal grounds established in law. We continue to support litigation at the state level to oblige courts to exonerate women prosecuted for illegal abortion. Advocacy should, of course, also address the legislative and executive branches, while working simultaneously to set legal precedents on abortion. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  18. A comprehensive review on pre-treatment strategy for lignocellulosic food industry waste: Challenges and opportunities.

    PubMed

    Ravindran, Rajeev; Jaiswal, Amit Kumar

    2016-01-01

    Lignocellulose is a generic term used to describe plant biomass. It is the most abundant renewable carbon resource in the world and is mainly composed of lignin, cellulose and hemicelluloses. Most of the food and food processing industry waste are lignocellulosic in nature with a global estimate of up to 1.3 billion tons/year. Lignocellulose, on hydrolysis, releases reducing sugars which is used for the production of bioethanol, biogas, organic acids, enzymes and biosorbents. However, structural conformation, high lignin content and crystalline cellulose hinder its use for value addition. Pre-treatment strategies facilitate the exposure of more cellulose and hemicelluloses for enzymatic hydrolysis. The present article confers about the structure of lignocellulose and how it influences enzymatic degradation emphasising the need for pre-treatments along with a comprehensive analysis and categorisation of the same. Finally, this article concludes with a detailed discussion on microbial/enzymatic inhibitors that arise post pre-treatment and strategies to eliminate them. Copyright © 2015 Elsevier Ltd. All rights reserved.

  19. The Impact of Special Education Litigation upon the Key Factors of Job Satisfaction, Level of Stress, and Self-Esteem That Lead to Teacher Attrition and Retention

    ERIC Educational Resources Information Center

    DeSio, Mary Jo Ann

    2011-01-01

    This research study reveals the stories of 19 special educators who participated in, or were summoned to testify, in one of the forms of special education litigation in the state of California. For most participants, their involvement was in a due process hearing conducted by the Office of Administrative Hearings under contract with the California…

  20. The evolution of health warning labels on cigarette packs: the role of precedents, and tobacco industry strategies to block diffusion.

    PubMed

    Hiilamo, Heikki; Crosbie, Eric; Glantz, Stanton A

    2014-01-01

    To analyse the evolution and diffusion of health warnings on cigarette packs around the world, including tobacco industry attempts to block this diffusion. We analysed tobacco industry documents and public sources to construct a database on the global evolution and diffusion of health warning labels from 1966 to 2012, and also analysed industry strategies. Health warning labels, especially labels with graphic elements, threaten the tobacco industry because they are a low-cost, effective measure to reduce smoking. Multinational tobacco companies did not object to voluntary innocuous warnings with ambiguous health messages, in part because they saw them as offering protection from lawsuits and local packaging regulations. The companies worked systematically at the international level to block or weaken warnings once stronger more specific warnings began to appear in the 1970s. Since 1985 in Iceland, the tobacco industry has been aware of the effectiveness of graphic health warning labels (GWHL). The industry launched an all-out attack in the early 1990s to prevent GHWLs, and was successful in delaying GHWLs internationally for nearly 10 years. Beginning in 2005, as a result of the World Health Organisation Framework Convention on Tobacco Control (FCTC), GHWLs began to spread. Effective implementation of FCTC labelling provisions has stimulated diffusion of strong health warning labels despite industry opposition.

  1. Same strategy different industry: corporate influence on public policy.

    PubMed

    Shelley, Donna; Ogedegbe, Gbenga; Elbel, Brian

    2014-04-01

    In March 2013 a state judge invalidated New York City's proposal to ban sales of sugar-sweetened beverages larger than 16 ounces; the case is under appeal. This setback was attributable in part to opposition from the beverage industry and racial/ethnic minority organizations they support. We provide lessons from similar tobacco industry efforts to block policies that reduced smoking prevalence. We offer recommendations that draw on the tobacco control movement's success in thwarting industry influence and promoting public health policies that hold promise to improve population health.

  2. Same Strategy Different Industry: Corporate Influence on Public Policy

    PubMed Central

    Ogedegbe, Gbenga; Elbel, Brian

    2014-01-01

    In March 2013 a state judge invalidated New York City’s proposal to ban sales of sugar-sweetened beverages larger than 16 ounces; the case is under appeal. This setback was attributable in part to opposition from the beverage industry and racial/ethnic minority organizations they support. We provide lessons from similar tobacco industry efforts to block policies that reduced smoking prevalence. We offer recommendations that draw on the tobacco control movement’s success in thwarting industry influence and promoting public health policies that hold promise to improve population health. PMID:24524535

  3. 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.

  4. Learning from the Law. A review of 21 years of litigation for pain during caesarean section.

    PubMed

    McCombe, K; Bogod, D G

    2018-02-01

    The large majority of caesarean sections in the UK are now carried out under neuraxial anaesthesia. Although this technique is widely accepted as being the safest option in most circumstances, the use of regional anaesthesia increases the risk of patients experiencing intra-operative discomfort or pain. Pain during operative obstetric delivery is the commonest successful negligence claim relating to regional anaesthesia against obstetric anaesthetists in the UK. In the following article, using a database of over 360 cases spanning 21 years, we break down and examine the recurrent components of medicolegal claims concerning pain during caesarean section and consider how anaesthetists might avoid litigation. © 2017 The Association of Anaesthetists of Great Britain and Ireland.

  5. Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation.

    PubMed

    Grembi, Veronica; Garoupa, Nuno

    2013-10-01

    Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

  6. Tobacco industry targeting youth in Argentina.

    PubMed

    Braun, S; Mejia, R; Ling, P M; Pérez-Stable, E J

    2008-04-01

    Argentina has one of the highest cigarette smoking rates among both men and women in the Americas and no legislated restrictions on tobacco industry advertising. The tobacco industry has traditionally expanded markets by targeting adolescents and young adults. The objective of this study was to determine whether and how the tobacco industry promotes cigarettes to adolescents in Argentina. We conducted a systematic search of tobacco industry documents available through the internet dated between 1995 and 2004 using standard search terms to identify marketing strategies in Argentina. A selected review of the four leading newspapers and nine magazines with reported high readership among adolescents was completed. The selected print media were searched for tobacco images and these were classified as advertisements if associated with a commercial product or as a story if not. The tobacco industry used market segmentation as a strategy to target Argentinean consumers. British American Tobacco (BAT) undertook a young adult psychographic study and classified them as "progressives", "Jurassics" or "conservatives" and "crudos" or "spoiled brats". BAT marketed Lucky Strike to the "progressives" using Hollywood movies as a vehicle. The tobacco industry also targeted their national brands to the conservatives and linked these brands with "nationalistic values" in advertising campaigns. Philip Morris promoted Marlboro by sponsoring activities directed at young people and they launched the 10 cigarettes packet as a starter vehicle. The tobacco industry used psychographic segmentation of the population and developed advertising strategies focused on youth. Tobacco control researchers and advocates must be able to address these strategies in counter-marketing interventions.

  7. Long-term consequences of selected competitive strategies during deregulation of the United States electric utility industry: System dynamics modeling and simulation

    NASA Astrophysics Data System (ADS)

    Khalil, Yehia Fahim

    Currently, U.S. investor-owned utilities (IOUs) are facing major reforms in their business environment similar to the airlines, telecommunications, banking, and insurance industries. As a result, IOUs are gearing up for fierce price competition in the power generation sector, and are vying for electricity customers outside their franchised service territories. Energy experts predict that some IOUs may suffer fatal financial setbacks (especially those with nuclear plants), while others may thrive under competition. Both federal and state energy regulators anticipate that it may take from five to ten years to complete the transition of America's electric utility industry from a regulated monopoly to a market-driven business. During this transition, utility executives are pursuing aggressive business strategies to confront the upcoming price wars. The most compelling strategies focus on cutting operation and maintenance (O&M) costs of power production, downsizing the work force, and signing bilateral energy agreements with large price-sensitive customers to retain their business. This research assesses the impact of the three pivotal strategies on financial performance of utilities during transition to open market competition. A system-dynamics-based management flight simulator has been developed to predict the dynamic performance of a hypothetical IOU organization preparing for market competition. The simulation results show that while the three business strategies lead to short-lived gains, they also produce unanticipated long-term consequences that adversely impact the organization's operating revenues. Generally, the designed flight simulator serves as a learning laboratory which allows management to test new strategies before implementation.

  8. Redox cofactor engineering in industrial microorganisms: strategies, recent applications and future directions.

    PubMed

    Liu, Jiaheng; Li, Huiling; Zhao, Guangrong; Caiyin, Qinggele; Qiao, Jianjun

    2018-05-01

    NAD and NADP, a pivotal class of cofactors, which function as essential electron donors or acceptors in all biological organisms, drive considerable catabolic and anabolic reactions. Furthermore, they play critical roles in maintaining intracellular redox homeostasis. However, many metabolic engineering efforts in industrial microorganisms towards modification or introduction of metabolic pathways, especially those involving consumption, generation or transformation of NAD/NADP, often induce fluctuations in redox state, which dramatically impede cellular metabolism, resulting in decreased growth performance and biosynthetic capacity. Here, we comprehensively review the cofactor engineering strategies for solving the problematic redox imbalance in metabolism modification, as well as their features, suitabilities and recent applications. Some representative examples of in vitro biocatalysis are also described. In addition, we briefly discuss how tools and methods from the field of synthetic biology can be applied for cofactor engineering. Finally, future directions and challenges for development of cofactor redox engineering are presented.

  9. Corporate Social Responsibility and Access to Policy Élites: An Analysis of Tobacco Industry Documents

    PubMed Central

    Fooks, Gary J.; Gilmore, Anna B.; Smith, Katherine E.; Collin, Jeff; Holden, Chris; Lee, Kelley

    2011-01-01

    Background Recent attempts by large tobacco companies to represent themselves as socially responsible have been widely dismissed as image management. Existing research supports such claims by pointing to the failings and misleading nature of corporate social responsibility (CSR) initiatives. However, few studies have focused in depth on what tobacco companies hoped to achieve through CSR or reflected on the extent to which these ambitions have been realised. Methods and Findings Iterative searching relating to CSR strategies was undertaken of internal British American Tobacco (BAT) documents, released through litigation in the US. Relevant documents (764) were indexed and qualitatively analysed. In the past decade, BAT has actively developed a wide-ranging CSR programme. Company documents indicate that one of the key aims of this programme was to help the company secure access to policymakers and, thereby, increase the company's chances of influencing policy decisions. Taking the UK as a case study, this paper demonstrates the way in which CSR can be used to renew and maintain dialogue with policymakers, even in ostensibly unreceptive political contexts. In practice, the impact of this political use of CSR is likely to be context specific; depending on factors such as policy élites' understanding of the credibility of companies as a reliable source of information. Conclusions The findings suggest that tobacco company CSR strategies can enable access to and dialogue with policymakers and provide opportunities for issue definition. CSR should therefore be seen as a form of corporate political activity. This underlines the need for broad implementation of Article 5.3 of the Framework Convention on Tobacco Control. Measures are needed to ensure transparency of interactions between all parts of government and the tobacco industry and for policy makers to be made more aware of what companies hope to achieve through CSR. Please see later in the article for the Editors

  10. Corporate social responsibility and access to policy élites: an analysis of tobacco industry documents.

    PubMed

    Fooks, Gary J; Gilmore, Anna B; Smith, Katherine E; Collin, Jeff; Holden, Chris; Lee, Kelley

    2011-08-01

    Recent attempts by large tobacco companies to represent themselves as socially responsible have been widely dismissed as image management. Existing research supports such claims by pointing to the failings and misleading nature of corporate social responsibility (CSR) initiatives. However, few studies have focused in depth on what tobacco companies hoped to achieve through CSR or reflected on the extent to which these ambitions have been realised. Iterative searching relating to CSR strategies was undertaken of internal British American Tobacco (BAT) documents, released through litigation in the US. Relevant documents (764) were indexed and qualitatively analysed. In the past decade, BAT has actively developed a wide-ranging CSR programme. Company documents indicate that one of the key aims of this programme was to help the company secure access to policymakers and, thereby, increase the company's chances of influencing policy decisions. Taking the UK as a case study, this paper demonstrates the way in which CSR can be used to renew and maintain dialogue with policymakers, even in ostensibly unreceptive political contexts. In practice, the impact of this political use of CSR is likely to be context specific; depending on factors such as policy élites' understanding of the credibility of companies as a reliable source of information. The findings suggest that tobacco company CSR strategies can enable access to and dialogue with policymakers and provide opportunities for issue definition. CSR should therefore be seen as a form of corporate political activity. This underlines the need for broad implementation of Article 5.3 of the Framework Convention on Tobacco Control. Measures are needed to ensure transparency of interactions between all parts of government and the tobacco industry and for policy makers to be made more aware of what companies hope to achieve through CSR.

  11. Tobacco industry research on smoking cessation. Recapturing young adults and other recent quitters.

    PubMed

    Ling, Pamela M; Glantz, Stanton A

    2004-05-01

    Smoking rates are declining in the United States, except for young adults (age 18 to 24). Few organized programs target smoking cessation specifically for young adults, except programs for pregnant women. In contrast, the tobacco industry has invested much time and money studying young adult smoking patterns. Some of these data are now available in documents released through litigation. Review tobacco industry marketing research on smoking cessation to guide new interventions and improve clinical practice, particularly to address young adult smokers' needs. Analysis of previously secret tobacco industry documents. Compared to their share of the smoking population, young adult smokers have the highest spontaneous quitting rates. About 10% to 30% of smokers want to quit; light smokers and brand switchers are more likely to try. Tobacco companies attempted to deter quitting by developing products that appeared to be less addictive or more socially acceptable. Contrary to consumer expectations, "ultra low tar" cigarette smokers were actually less likely to quit. Tobacco industry views of young adult quitting behavior contrast with clinical practice. Tobacco marketers concentrate on recapturing young quitters, while organized smoking cessation programs are primarily used by older smokers. As young people have both the greatest propensity to quit and the greatest potential benefits from smoking cessation, targeted programs for young adults are needed. Tobacco marketing data suggest that aspirational messages that decrease the social acceptability of smoking and support smoke-free environments resonate best with young adult smokers' motivations.

  12. Interpreting the Right to an Education as a Norm Referenced Adequacy Standard

    ERIC Educational Resources Information Center

    Pijanowski, John

    2016-01-01

    Our current conceptions of educational adequacy emerged out of an era dominated by equity-based school resource litigation. During that time of transitioning between successful litigation strategies, legal opinions provided clues as to how future courts might view a norm-referenced approach to establishing an adequacy standard--an approach that…

  13. Analyzing the development of Indonesia shrimp industry

    NASA Astrophysics Data System (ADS)

    Wati, L. A.

    2018-04-01

    This research aimed to analyze the development of shrimp industry in Indonesia. Porter’s Diamond Theory was used for analysis. The Porter’s Diamond theory is one of framework for industry analysis and business strategy development. The Porter’s Diamond theory has five forces that determine the competitive intensity in an industry, namely (1) the threat of substitute products, (2) the threat of competition, (3) the threat of new entrants, (4) bargaining power of suppliers, and (5) bargaining power of consumers. The development of Indonesian shrimp industry pretty good, explained by Porter Diamond Theory analysis. Analysis of Porter Diamond Theory through four main components namely factor conditions; demand condition; related and supporting industries; and firm strategy, structure and rivalry coupled with a two-component supporting (regulatory the government and the factor of chance). Based on the result of this research show that two-component supporting (regulatory the government and the factor of chance) have positive. Related and supporting industries have negative, firm and structure strategy have negative, rivalry has positive, factor condition have positive (except science and technology resources).

  14. Exposure control strategies in the carbonaceous nanomaterial industry.

    PubMed

    Dahm, Matthew M; Yencken, Marianne S; Schubauer-Berigan, Mary K

    2011-06-01

    Little is known about exposure control strategies currently being implemented to minimize exposures during the production or use of nanomaterials in the United States. Our goal was to estimate types and quantities of materials used and factors related to workplace exposure reductions among companies manufacturing or using engineered carbonaceous nanomaterials (ECNs). Information was collected through phone surveys on work practices and exposure control strategies from 30 participating producers and users of ECN. The participants were classified into three groups for further examination. We report here the use of exposure control strategies. Observed patterns suggest that large-scale manufacturers report greater use of nanospecific exposure control strategies particularly for respiratory protection. Workplaces producing or using ECN generally report using engineering and administrative controls as well as personal protective equipment to control workplace employee exposure.

  15. The evolution of health warning labels on cigarette packs: the role of precedents, and tobacco industry strategies to block diffusion

    PubMed Central

    Hiilamo, Heikki; Crosbie, Eric; Glantz, Stanton A

    2013-01-01

    Objective To analyse the evolution and diffusion of health warnings on cigarette packs around the world, including tobacco industry attempts to block this diffusion. Methods We analysed tobacco industry documents and public sources to construct a database on the global evolution and diffusion of health warning labels from 1966 to 2012, and also analysed industry strategies. Results Health warning labels, especially labels with graphic elements, threaten the tobacco industry because they are a low-cost, effective measure to reduce smoking. Multinational tobacco companies did not object to voluntary innocuous warnings with ambiguous health messages, in part because they saw them as offering protection from lawsuits and local packaging regulations. The companies worked systematically at the international level to block or weaken warnings once stronger more specific warnings began to appear in the 1970s. Since 1985 in Iceland, the tobacco industry has been aware of the effectiveness of graphic health warning labels (GWHL). The industry launched an all-out attack in the early 1990s to prevent GHWLs, and was successful in delaying GHWLs internationally for nearly 10 years. Conclusions Beginning in 2005, as a result of the World Health Organisation Framework Convention on Tobacco Control (FCTC), GHWLs began to spread. Effective implementation of FCTC labelling provisions has stimulated diffusion of strong health warning labels despite industry opposition. PMID:23092884

  16. Marketing ‘less harmful, low-tar’ cigarettes is a key strategy of the industry to counter tobacco control in China

    PubMed Central

    Yang, Gonghuan

    2014-01-01

    While the ‘low-tar’ scheme has been widely recognised as a misleading tactic used by the tobacco industry to deceive the public about the true risks of cigarette smoking, a similar campaign using the slogan of ‘less harmful, low tar’ was launched by the Chinese tobacco industry, that is, State Tobacco Monopoly Administration/China National Tobacco Corporation and began to gain traction during the last decade. Despite the fact that no sufficient research evidence supports the claims made by the industry that these cigarettes are safer, the Chinese tobacco industry has continued to promote them using various health claims. As a result, the production and sales of ‘less harmful, low-tar’ cigarettes have increased dramatically since 2000. Recently, a tobacco industry senior researcher, whose main research area is ‘less harmful, low-tar’ cigarettes, was elected as an Academician to the prestigious Chinese Academy of Engineering for his contribution to developing ‘less harmful, low-tar’ cigarettes. The tobacco researcher's election caused an outcry from the tobacco control community and the general public in China. This paper discusses the Chinese tobacco industry's ‘less harmful, low-tar’ initiatives and calls for the Chinese government to stop the execution of this deceptive strategy for tobacco marketing. PMID:23349230

  17. Management status of end-of-life vehicles and development strategies of used automotive electronic control components recycling industry in China.

    PubMed

    Wang, Junjun; Chen, Ming

    2012-11-01

    Recycling companies play a leading role in the system of end-of-life vehicles (ELVs) in China. Automotive manufacturers in China are rarely involved in recycling ELVs, and they seldom provide dismantling information for recycling companies. In addition, no professional shredding plant is available. The used automotive electronic control components recycling industry in China has yet to take shape because of the lack of supporting technology and profitable models. Given the rapid growth of the vehicle population and electronic control units in automotives in China, the used automotive electronic control components recycling industry requires immediate development. This paper analyses the current recycling system of ELVs in China and introduces the automotive product recycling technology roadmap as well as the recycling industry development goals. The strengths, weaknesses, opportunities and challenges of the current used automotive electronic control components recycling industry in China are analysed comprehensively based on the 'strengths, weaknesses, opportunities and threats' (SWOT) method. The results of the analysis indicate that this recycling industry responds well to all the factors and has good opportunities for development. Based on the analysis, new development strategies for the used automotive electronic control components recycling industry in accordance with the actual conditions of China are presented.

  18. Workability of Safety Education and Training for Workers' Strategy in Accident Reduction in Selected Manufacturing Industries in Lagos State

    ERIC Educational Resources Information Center

    Ayodele, Rachael B.; Olubayo-Fatiregun, Martina A.

    2013-01-01

    This study determined the workability of Safety Education and Training for Workers' strategy in reducing accidents. A descriptive survey research design was used. A total of 20 Managerial staff with mean work experience of 13.5 years was selected from 10 manufacturing industries in Lagos State, using intact group method. They were 100% males. Data…

  19. The Rise of Post-Grant Proceedings

    PubMed Central

    2016-01-01

    This viewpoint provides a brief overview of the procedures for initiating post-grant proceedings before the United States Patent Trial and Appeal Board, including a discussion of why companies are now commonly electing to use those proceedings, both as part of an overall litigation strategy and outside of the litigation context. PMID:28105262

  20. Tobacco industry targeting youth in Argentina

    PubMed Central

    Braun, S; Mejia, R; Ling, P M; Pérez-Stable, E J

    2013-01-01

    Background/aim Argentina has one of the highest cigarette smoking rates among both men and women in the Americas and no legislated restrictions on tobacco industry advertising. The tobacco industry has traditionally expanded markets by targeting adolescents and young adults. The objective of this study was to determine whether and how the tobacco industry promotes cigarettes to adolescents in Argentina. Methods We conducted a systematic search of tobacco industry documents available through the internet dated between 1995 and 2004 using standard search terms to identify marketing strategies in Argentina. A selected review of the four leading newspapers and nine magazines with reported high readership among adolescents was completed. The selected print media were searched for tobacco images and these were classified as advertisements if associated with a commercial product or as a story if not. Results The tobacco industry used market segmentation as a strategy to target Argentinean consumers. British American Tobacco (BAT) undertook a young adult psychographic study and classified them as “progressives”, “Jurassics” or “conservatives” and “crudos” or “spoiled brats”. BAT marketed Lucky Strike to the “progressives” using Hollywood movies as a vehicle. The tobacco industry also targeted their national brands to the conservatives and linked these brands with “nationalistic values” in advertising campaigns. Philip Morris promoted Marlboro by sponsoring activities directed at young people and they launched the 10 cigarettes packet as a starter vehicle. Conclusions The tobacco industry used psychographic segmentation of the population and developed advertising strategies focused on youth. Tobacco control researchers and advocates must be able to address these strategies in counter-marketing interventions. PMID:18299308

  1. Research and Development Strategies in the Semiconductor Industry

    NASA Astrophysics Data System (ADS)

    Bowling, Allen

    2003-03-01

    In the 21st Century semiconductor industry, there is a critical balance between internally funded semiconductor research and development (R) and externally funded R. External R may include jointly-funded research collaborations/partnerships with other device manufacturers, jointly-funded consortia-based R, and individually-funded research programs at universities and other contract research locations. Each of these approaches has merits and each has costs. There is a critical balance between keeping the internal research and development pipeline filled and keeping it from being overspent. To meet both competitive schedule and cost goals, a semiconductor device manufacturer must decide on a model for selection of internal versus external R. Today, one of the most critical decisions is whether or not to do semiconductor research and development on 300 mm silicon wafers. Equipment suppliers are doing first development on 300 mm equipment. So, for the device manufacturer, there is a balance between the cost of doing development on 300 mm wafers and the development time schedule driven by equipment availability. In the face of these cost and schedule elements, device manufacturers are looking to consortia such as SEMATECH, SRC, and SRC MARCO for early development and screening of new materials and device structure approaches. This also causes much more close development collaboration between device manufacturer and equipment supplier. Many device manufacturers are also making use of direct contract research with universities and other contract-research organizations, such as IMEC, LETI, and other government-funded research organizations around the world. To get the most out of these external research interactions, the company must develop a strategy for management and technology integration of external R.

  2. [Undue tobacco industry interference in tobacco control policies in Mexico].

    PubMed

    Madrazo-Lajous, Alejandro; Guerrero-Alcántara, Angela

    2012-06-01

    OBJECTIVO: To identify tobacco industry's strategies aimed at containing the full adoption of public health policies established by the Framework Convention on Tobacco Control. Tobacco industry interference in the design, adoption and implementation of tobacco control policies has intensified since the signing of the FCTC. However, it is back in 1997 when one can trace a shift in tobacco industry strategies, adapting to political change in Mexico. This adaptation has consisted mostly in identifying emerging veto points in the chain of public policy development. Tobacco industry's interfering strategies have successfully affected Mexican policies.

  3. Obstructive sleep apnea: strategies for minimizing liability and enhancing patient safety.

    PubMed

    Svider, Peter F; Pashkova, Anna A; Folbe, Adam J; Eloy, Jean Daniel; Setzen, Michael; Baredes, Soly; Eloy, Jean Anderson

    2013-12-01

    To characterize malpractice litigation regarding obstructive sleep apnea (OSA) and educate physicians on frequently cited factors. Analysis of the Westlaw legal database. Jury verdict and settlement reports were examined for outcome, awards, patient demographic factors, defendant specialty, and alleged causes of malpractice. Out of 54 identified cases, 33 (61.1%) cases were resolved in favor of defendants, 12 (22.2%) via settlement, and 9 (16.7%) through jury award. Median settlement and jury awards did not significantly differ ($750,000 vs $550,000, P > .50). Age and gender did not affect outcome. Otolaryngologists and anesthesiologists were the most frequently named defendants. Forty-seven cases (87.1%) stemmed from OSA patients who underwent procedures with resultant perioperative adverse events. Common alleged factors included death (48.1%), permanent deficits (42.6%), intraoperative complications (35.2%), requiring additional surgery (25.9%), anoxic brain injury (24.1%), inadequate informed consent (24.1%), inappropriate medication administration (22.2%), and inadequate monitoring (20.4%). Litigation related to OSA is frequently associated with perioperative complications more than nonoperative issues such as a failure to diagnose this disorder. Nonetheless, OSA is considerably underdiagnosed, and special attention should be paid to at-risk patients, including close monitoring of their clinical status and the medications they receive. For patients with diagnosed or suspected OSA with planned operative intervention, whether for OSA or an unrelated issue, a comprehensive informed consent process detailing the factors outlined in this analysis is an effective strategy to increase communication and improve the physician-patient relationship, minimize liability, and ultimately improve patient safety.

  4. Environmental assessment and investment strategies of provincial industrial sector in China — Analysis based on DEA model

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

    Wang, Juan, E-mail: wangjuan_tju@163.com; Zhao, Tao; Zhang, Xiaohu

    As an energy-intensive industry, the industrial sector consumes 70% of energy consumption and causes serious environmental pollution in China. Also, the government emphasized the promotion of R&D investment in the industrial sector in China's National Plan on Climate Change (2014–2020). It is meaningful and contributes to assessing energy and environmental performance, as well as R&D and industrial pollution control (IPC) investment strategies of China's industrial sector. A non-radial DEA model, as with natural and managerial disposability, was adopted to evaluate this from provincial and regional perspectives during the 2008–2012 period. Energy and environmental performance was evaluated by unified efficiency undermore » natural disposability (UEN), unified efficiency under managerial disposability (UEM), and unified efficiency under natural and managerial disposability (UENM). The empirical results indicated that Shandong and Hainan were efficient under natural and managerial disposability, while other provinces had the potential to improve their energy and environmental performance. The number of provinces that was fit for investments of R&D and IPC increased from 2008 to 2010, then decreased in 2011 and 2012. In spite of this, many provincial industrial sectors should make efforts to reduce pollution by investment on technology. Tianjin, Heilongjiang, Jiangxi and Henan were especially the best investment objects because investments of R&D and IPC turned to be effective for them during the whole study period. Moreover, western China had the highest average UENM, followed by eastern China and central China. Eastern China and central China were rewarding to expand investments. Coal consumption was the main factor to negatively affect unified efficiency whereas the increase in economic development level was primarily responsible for the improvement of unified efficiency. According to the results, differentiated suggestions to further improve energy and

  5. Generic antibiotic industries: Challenges and implied strategies with regulatory perspectives

    PubMed Central

    Venkatesh, M.; Bairavi, V. G.; Sasikumar, K. C.

    2011-01-01

    Ever since the discovery of antibiotics, the quality of human life greatly improved in the 20th century. The discovery of penicillin transformed the medicine industry and initiated a search for a better antibiotic every time resulting in several synthetic and semi-synthetic antibiotics. Beginning with the 1937 sulfa drug tragedy, the drug regulations had a parallel growth along with the antibiotics and the antibiotic-based generic Pharma industries. This review article is focused on the scenario depicting current global Pharma industries based on generic antibiotics. Several regulatory aspects involved with these industries have been discussed along with the complexity of the market, issues that could affect their growth, their struggle for quality, and their compliance with the tightened regulations. With the skyrocketing commercialization of antibiotics through generics and the leveraging technologic renaissance, generic industries are involved in providing maximum safer benefits for the welfare of the people, highlighting its need today.. PMID:21430959

  6. Strategy to Improve Naval Shipbuilding Industry Self-Reliance in Indonesia

    DTIC Science & Technology

    2017-12-01

    investment in the defense industry sector. As the biggest archipelagic country in the world, Indonesia’s demand for maritime technology is high . It...the growth of the maritime industry around the country. However, the naval shipbuilding industry carries high risk and requires high capital for...the high threat level with the region, India and South Korea give more attention to national security by providing a higher budget for defense

  7. Global Health Governance and the Commercial Sector: A Documentary Analysis of Tobacco Company Strategies to Influence the WHO Framework Convention on Tobacco Control

    PubMed Central

    Weishaar, Heide; Collin, Jeff; Smith, Katherine; Grüning, Thilo; Mandal, Sema; Gilmore, Anna

    2012-01-01

    Background In successfully negotiating the Framework Convention on Tobacco Control (FCTC), the World Health Organization (WHO) has led a significant innovation in global health governance, helping to transform international tobacco control. This article provides the first comprehensive review of the diverse campaign initiated by transnational tobacco corporations (TTCs) to try to undermine the proposed convention. Methods and Findings The article is primarily based on an analysis of internal tobacco industry documents made public through litigation, triangulated with data from official documentation relating to the FCTC process and websites of relevant organisations. It is also informed by a comprehensive review of previous studies concerning tobacco industry efforts to influence the FCTC. The findings demonstrate that the industry's strategic response to the proposed WHO convention was two-fold. First, arguments and frames were developed to challenge the FCTC, including: claiming there would be damaging economic consequences; depicting tobacco control as an agenda promoted by high-income countries; alleging the treaty conflicted with trade agreements, “good governance,” and national sovereignty; questioning WHO's mandate; claiming the FCTC would set a precedent for issues beyond tobacco; and presenting corporate social responsibility (CSR) as an alternative. Second, multiple tactics were employed to promote and increase the impact of these arguments, including: directly targeting FCTC delegations and relevant political actors, enlisting diverse allies (e.g., mass media outlets and scientists), and using stakeholder consultation to delay decisions and secure industry participation. Conclusions TTCs' efforts to undermine the FCTC were comprehensive, demonstrating the global application of tactics that TTCs have previously been found to have employed nationally and further included arguments against the FCTC as a key initiative in global health governance

  8. How industries change.

    PubMed

    McGahan, Anita M

    2004-10-01

    It's fairly obvious: To make intelligent investments within your organization, you need to understand how your whole industry is changing. But such knowledge is not always easy to come by. Companies misread clues and arrive at false conclusions all the time. To truly understand where your industry is headed, you have to take a long-term, high-level look at the context in which you do business, says Boston University professor Anita McGahan. She studied a variety of businesses from a cross section of industries over a ten-year period, examining how industry structure affects business profitability and investor returns. Her research suggests that industries evolve along one of four distinct trajectories--radical, progressive, creative, and intermediating--that set boundaries on what will generate profits in a business. These four trajectories are defined by two types of threats. The first is when new, outside alternatives threaten to weaken or make obsolete core activities that have historically generated profits for an industry. The second is when an industry's core assets--its resources, knowledge, and brand capital--fail to generate value as they once did. Industries undergo radical change when core assets and core activities are both threatened with obsolescence; they experience progressive change when neither are jeopardized. Creative change occurs when core assets are under threat but core activities are stable, and intermediating change happens when core activities are threatened while core assets retain their capacity to create value. If your company's innovation strategy is not aligned with your industry's change trajectory, your plan for achieving returns on invested capital cannot succeed, McGahan says. But if you understand which path you're on, you can determine which strategies will succeed and which will backfire.

  9. Predictors of Protean Career and the Moderating Role of Career Strategies among Professionals in Malaysian Electrical and Electronics (E & E) Industry

    ERIC Educational Resources Information Center

    Wong, Siew Chin; Mohd Rasdi, Roziah

    2015-01-01

    Purpose: The purpose of this paper is to examine the effects of individually related variables and the moderating role of career strategies on protean career among professionals in Malaysian Electrical & Electronics (E & E) industry. Design/methodology/approach: Research data were gathered from a sample of 306 of professional employees in…

  10. Strategies for sustainable development of industrial park in Ulsan, South Korea--from spontaneous evolution to systematic expansion of industrial symbiosis.

    PubMed

    Park, Hung-Suck; Rene, Eldon R; Choi, Soo-Mi; Chiu, Anthony S F

    2008-04-01

    The Korea National Cleaner Production Center (KNCPC) affiliated to the Korea Institute of Industrial Technology (KITECH) has started a 15 year, 3-phase EIP master plan with the support of Ministry of Commerce, Industry, and Energy (MOCIE). A total of 6 industrial parks, including industrial parks in Ulsan city, known as the industrial capital of South Korea, are planning projects to find the feasibility of shifting existing industrial parks to eco-industrial parks. The basic survey shows that Ulsan industrial complex has been continuously evolving from conventional industrial complexes to eco-industrial parks by spontaneous industrial symbiosis. This paper describes the Korean national policies and the developmental activities of this vision to drive the global trend of innovation for converting the existing industrial parks to eco-industrial parks through inter-industry waste, energy, and material exchange in Ulsan Industrial complexes. In addition, the primary and supportive components of the Ulsan EIP pilot project, which will be implemented for 5 years is elaborated with its schedules and economic benefits.

  11. Health Care Evolution Is Driving Staffing Industry Transformation.

    PubMed

    Faller, Marcia; Gogek, Jim

    2016-01-01

    The powerful transformation in the health care industry is reshaping not only patient care delivery and the business of health care but also demanding new strategies from vendors who support the health care system. These new strategies may be most evident in workforce solutions and health care staffing services. Consolidation of the health care industry has created increased demand for these types of services. Accommodating a changing workforce and related pressures resulting from health care industry transformation has produced major change within the workforce solutions and staffing services sector. The effect of the growth strategy of mergers, acquisitions, and organic development has revealed organizational opportunities such as expanding capacity for placing physicians, nurses, and allied professionals, among other workforce solutions. This article shares insights into workforce challenges and solutions throughout the health care industry.

  12. POLLUTION PREVENTION STRATEGIES FOR THE MINIMIZING OF INDUSTRIAL WASTES IN THE VCM-PVC INDUSTRY

    EPA Science Inventory

    In many U.S. companies, pollution prevention strategies coincide with economic interests. Typically a company strives to be the lowest-cost producer, to be competitive, and to reduce wastes. In this paper, the author reviews pollution prevention strategies in the vinyl chloride m...

  13. On the Application of Different Event-Based Sampling Strategies to the Control of a Simple Industrial Process

    PubMed Central

    Sánchez, José; Guarnes, Miguel Ángel; Dormido, Sebastián

    2009-01-01

    This paper is an experimental study of the utilization of different event-based strategies for the automatic control of a simple but very representative industrial process: the level control of a tank. In an event-based control approach it is the triggering of a specific event, and not the time, that instructs the sensor to send the current state of the process to the controller, and the controller to compute a new control action and send it to the actuator. In the document, five control strategies based on different event-based sampling techniques are described, compared, and contrasted with a classical time-based control approach and a hybrid one. The common denominator in the time, the hybrid, and the event-based control approaches is the controller: a proportional-integral algorithm with adaptations depending on the selected control approach. To compare and contrast each one of the hybrid and the pure event-based control algorithms with the time-based counterpart, the two tasks that a control strategy must achieve (set-point following and disturbance rejection) are independently analyzed. The experimental study provides new proof concerning the ability of event-based control strategies to minimize the data exchange among the control agents (sensors, controllers, actuators) when an error-free control of the process is not a hard requirement. PMID:22399975

  14. A house divided: cooperative and competitive recruitment in vital industries.

    PubMed

    Willis, William K; Muslin, Ivan; Timko, Karlyn N

    2016-03-01

    To propose a theoretical based model approach to address the nursing shortage problem of recruiting qualified applicants. Vital industries such as nursing and trucking face a large labour shortage. A literature review focusing on recruitment and realistic job previews examines relevant theories and an indication of the focus of similar research. Game theory illustrates cooperative and competitive recruitment strategies in vital industries. Proposition and model development where cooperative or competitive strategies for recruitment can either increase or decrease the employee applicant pool. Institutional theory states that firms within a population become isomorphic in nature. Firms employing cooperative or competitive strategies for recruitment can change organisational practices through isomorphic processes. Industries facing a labour market shortage using cooperative strategy will use realistic job previews accurately to disseminate information about industry jobs. Realistic job previews will increase the applicant pool through individuals self-selecting into, rather than out of, the applicant pool. Recruitment in the nursing industry has been examined at the individual applicant and organisational level, yet the overall industry has been ignored. As nursing shortages continue, viewing recruitment at the macro level (the overall industry) is appropriate. Game theory as proposed provides opportunities for current research at the industry level. © 2015 John Wiley & Sons Ltd.

  15. Manufacturing Industry, Industry Study, Spring 2009

    DTIC Science & Technology

    2009-01-01

    comprehensive national economic strategy which incentivizes better collaboration between government, industry and academia. Ahmad Afandi bin...U.S. Air Force John D. Keenan, Colonel, U.S. Army Andrew N. Martin, Colonel, U.S. Army Mr. David S. Meale, Foreign Service Officer ( Economic ...Budapest, Hungary U.S. Embassy ThalesNano Budapest University of Technology and Economics National Office for Research and Technology

  16. Design of Concept of Sustainable Marketing Communication Strategy for a Ideal Industrial Enterprise and Practical Applications of this Concept

    NASA Astrophysics Data System (ADS)

    Šujaková, Monika; Golejová, Simona; Sakál, Peter

    2017-09-01

    In the contribution the authors deal with the design and use of a sustainable marketing communication strategy of an ideal industrial enterprise in the Slovak Republic. The concept of an ideal enterprise is designed to increase the enterprise's sustainable competitiveness through the formation of a corporate image. In the framework of the research, the practical application of the draft concept was realized through a semi-structured interview in the form of propositional logic.

  17. Mind your "smoking manners": the tobacco industry tactics to normalize smoking in Japan.

    PubMed

    Kashiwabara, Mina; Armada, Francisco

    2013-11-09

    The tobacco industry has adapted its promotional strategies as tobacco-control measures have increased. This paper describes the tobacco industry's strategies on smoking manners and illustrates how these interfere with tobacco-control policy in Japan where tobacco control remains weak. Information on the tobacco industry's promotional strategies in Japan was collected through direct observation, a review of tobacco industry documents and a literature review. The limitation of the study would be a lack of industry documents from Japan as we relied on a database of a U.S. institution to collect internal documents from the tobacco industry. Japan Tobacco began using the manners strategies in the early 1960s. Collaborating with wide range of actors -including local governments and companies- the tobacco industry has promoted smoking manners to wider audiences through its advertising and corporate social responsibility activities. The tobacco industry in Japan has taken advantage of the cultural value placed on manners in Japan to increase the social acceptability of smoking, eventually aiming to diminish public support for smoke-free policies that threatens the industry's business. A stronger enforcement of the WHO Framework Convention on Tobacco Control is critical to counteracting such strategies.

  18. Universal industrial sectors integrated solutions module for the pulp and paper industry.

    PubMed

    Bhander, Gurbakhash; Jozewicz, Wojciech

    2017-09-01

    The U.S. is the world's second-leading producer of pulp and paper products after China. Boilers, recovery furnaces, and lime kilns are the dominant sources of emissions from pulp and paper mills, collectively accounting for more than 99 % of the SO 2 , almost 96 % of the NO X , and more than 85 % of the particulate matter (PM) emitted to the air from this sector in the U.S. The process of developing industrial strategies for managing emissions can be made efficient, and the resulting strategies more cost-effective, through the application of modeling that accounts for relevant technical, environmental and economic factors. Accordingly, the United States Environmental Protection Agency is developing the Universal Industrial Sectors Integrated Solutions module for the Pulp and Paper Industry (UISIS-PNP). It can be applied to evaluate emissions and economic performance of pulp and paper mills separately under user-defined pollution control strategies. In this paper, we discuss the UISIS-PNP module, the pulp and paper market and associated air emissions from the pulp and paper sector. After illustrating the sector-based multi-product modeling structure, a hypothetical example is presented to show the engineering and economic considerations involved in the emission-reduction modeling of the pulp and paper sector in the U.S.

  19. 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.

  20. [Industrialization condition and development strategy of Notopterygii Rhizoma et Radix].

    PubMed

    Jiang, Shun-Yuan; Sun, Hui; Wang, Hong-Lan; Ma, Xiao-Jun; Qin, Ji-Hong; Xin, Jun; Sun, Hong-Bing; Du, Jiu-Zhen; Yin, Li

    2017-07-01

    Notopterygii Rhizoma et Radix, the underground part of Notopterygium incisum and N. franchetii, is used as a classical traditional Chinese medicine, and as raw materials for 262 Chinese patent drugs production in 694 pharmaceutical factories currently. It plays an important role in the whole Chinese medicine industry with irreplaceable important economic and social values. However, wild resource of was abruptly depleted, and large-scale artificial cultivation has been inapplicable. In this study, Utilization history and the industrialization status of Notopterygii Rhizoma et Radix were summarized. Resource distribution, ecological suitability of Notopterygii Rhizoma et Radix and core technologies for seeds production, seedling breeding, large-scale cultivation has been reported by current studies, and basic conditions are already available for industrialization production of Notopterygii Rhizoma et Radix. However, there still some key technical problems need to be solved in the further research, and some policy dimensions need to be focused on in the coming industrialization cultivation of Notopterygii Rhizoma et Radix. Copyright© by the Chinese Pharmaceutical Association.

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