Sample records for state liability

  1. 12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State...

  2. 43 CFR 3733.2 - Liability of United States.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 43 Public Lands: Interior 2 2011-10-01 2011-10-01 false Liability of United States. 3733.2 Section... WITHDRAWALS: GENERAL Risk of Operation § 3733.2 Liability of United States. The Act in section 3 provides in part as follows: Provided, That the United States, its permittees and licensees shall not be...

  3. 43 CFR 3733.2 - Liability of United States.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 43 Public Lands: Interior 2 2013-10-01 2013-10-01 false Liability of United States. 3733.2 Section... WITHDRAWALS: GENERAL Risk of Operation § 3733.2 Liability of United States. The Act in section 3 provides in part as follows: Provided, That the United States, its permittees and licensees shall not be...

  4. 43 CFR 3733.2 - Liability of United States.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 43 Public Lands: Interior 2 2014-10-01 2014-10-01 false Liability of United States. 3733.2 Section... WITHDRAWALS: GENERAL Risk of Operation § 3733.2 Liability of United States. The Act in section 3 provides in part as follows: Provided, That the United States, its permittees and licensees shall not be...

  5. 43 CFR 3733.2 - Liability of United States.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 43 Public Lands: Interior 2 2012-10-01 2012-10-01 false Liability of United States. 3733.2 Section... WITHDRAWALS: GENERAL Risk of Operation § 3733.2 Liability of United States. The Act in section 3 provides in part as follows: Provided, That the United States, its permittees and licensees shall not be...

  6. Environmental liability and redevelopment of old industrial land.

    PubMed

    Sigman, Hilary

    2010-01-01

    Many communities are concerned about the reuse of potentially contaminated land (brownfields) and believe that environmental liability is a hindrance to redevelopment. However, with land price adjustments, liability might not impede the reuse of this land. This article studies state liability rules-specifically, strict liability and joint and several liability-that affect the level and distribution of expected costs of private cleanup. It explores the effects of this variation on industrial land prices and vacancy rates and on reported brownfields in a panel of cities across the United States. In the estimated equations, joint and several liability reduces land prices and increases vacancy rates in central cities. The results suggest that liability is at least partly capitalized but does still deter redevelopment.

  7. 32 CFR 536.123 - Limitation of liability for maritime claims.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Limitation of liability for maritime claims. 536... AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Maritime Claims § 536.123 Limitation of liability for maritime claims. For admiralty claims arising within the United States under the provisions of the...

  8. 31 CFR 321.15 - Liability for losses.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Liability for losses. 321.15 Section... INSTITUTIONS OF UNITED STATES SAVINGS BONDS AND UNITED STATES SAVINGS NOTES (FREEDOM SHARES) Losses Resulting From Erroneous Payments § 321.15 Liability for losses. Under the governing statute, as amended (31 U.S...

  9. Malpractice Liability Risk and Use of Diagnostic Imaging Services: A Systematic Review of the Literature.

    PubMed

    Li, Suhui; Brantley, Erin

    2015-12-01

    A widespread concern among physicians is that fear of medical malpractice liability may affect their decisions for diagnostic imaging orders. The purpose of this article is to synthesize evidence regarding the defensive use of imaging services. A literature search was conducted using a number of databases. The review included peer-reviewed publications that studied the link between physician orders of imaging tests and malpractice liability pressure. We identified 13 peer-reviewed studies conducted in the United States. Five of the studies reported physician assessments of the role of defensive medicine in imaging-order decisions; five assessed the association between physicians' liability risk and imaging ordering, and three assessed the impact of liability risk on imaging ordering at the state level. Although the belief that medical liability risk could influence decisions is highly prevalent among physicians, findings are mixed regarding the impact of liability risk on imaging orders at both the state and physician level. Inconclusive evidence suggests that physician ordering of imaging tests is affected by malpractice liability risk. Further research is needed to disentangle defensive medicine from other reasons for inefficient use of imaging. Copyright © 2015 American College of Radiology. Published by Elsevier Inc. All rights reserved.

  10. EMAC Volunteers: Liability and Workers’ Compensation

    PubMed Central

    Lopez, Wilfredo; Kershner, Stacie P.; Penn, Matthew S.

    2015-01-01

    The Emergency Management Assistance Compact (EMAC) provides a mechanism for states to assist each other during natural disasters and other emergencies. Congress ratified EMAC in 1996, and all 50 states and 3 territories have adopted it. EMAC allows a state affected by a disaster to request personnel and materiel from another state. For personnel requests, EMAC provides that the requesting state cover the tort liability and the responding state cover the workers’ compensation liability. This article discusses the limitations of EMAC in deploying volunteers and how the Uniform Emergency Volunteer Health Practitioners Act and other provisions address those limitations. PMID:24041195

  11. Commercial host (dram shop) liability: current status and trends.

    PubMed

    Mosher, James F; Cohen, Elena N; Jernigan, David H

    2013-09-01

    Commercial host liability (CHL, also called dram shop liability) holds alcohol retailers liable for alcohol-attributable harm caused by serving alcohol, illegally, to a patron who is already intoxicated (adult liability) or underage (underage liability). The Community Preventive Services Task Force, based on a systematic research literature review, concluded that CHL is an effective strategy for reducing excessive alcohol consumption. The current article describes the key components of CHL, its grounding in American jurisprudence, its adoption in the 50 states, and changes since 1989, when a similar assessment of these policies was conducted. The current paper focuses on three legislatively enacted restrictions: (1) increased evidentiary requirements; (2) limitations on damage awards; and (3) limitations on who may be sued. Data were collected in 2011 and analyzed in 2012 and 2013. There has been substantial erosion of CHL during the past 2 decades. Fewer states recognized CHL in 2011 than in 1989, and more statutory restrictions were imposed during the study period among states that did recognize CHL; states are more likely to recognize underage than adult liability; and six states recognized a Responsible Beverage Services Practices affirmative defense in both 1989 and 2011. Implications of these findings for public health practitioners are discussed. Copyright © 2013 American Journal of Preventive Medicine. All rights reserved.

  12. The introduction of dram shop legislation in the United States and the advent of server training.

    PubMed

    Saltz, R F

    1993-01-01

    This paper discusses the relationship of research to policy in the matter of dram shop liability and server training in the USA. The discussion is made difficult by the apparent lack of any such relationship. While research in the area has only just been published, dram shop liability in the USA actually dates to the nineteenth century, with its current form shaped by the repeal of prohibition in 1933. Because liability law and liability insurance vary from state to state, current movements for reform and server training arise somewhat spontaneously in different localities and with different emphases. Research constitutes only a minor influence among several others more salient to the political process of policy formation. The advent of mandatory server training in the state of Oregon is used to illustrate the somewhat capricious nature of progress in responsible beverage service.

  13. Tort liability : a handbook for employees of the Virginia Department of Transportation and Virginia municipal corporations, June 2004.

    DOT National Transportation Integrated Search

    2004-01-01

    Court decisions concerning state government liability, as well as VDOT's continuing commitment to safety, have made tort liability an increasingly important concern. In response, the Virginia Transportation Research Council has published a tort liabi...

  14. Policy statement—Professional liability insurance and medicolegal education for pediatric residents and fellows.

    PubMed

    Gonzalez, Jose Luis

    2011-09-01

    The American Academy of Pediatrics believes that pediatric residents and fellows should be fully informed of the scope and limitations of their professional liability insurance coverage while in training. The academy states that residents and fellows should be educated by their training institutions on matters relating to medical liability and the importance of maintaining adequate and continuous professional liability insurance coverage throughout their careers in medicine.

  15. 20 CFR 416.2140 - Liability for erroneous Medicaid eligibility determinations.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Liability for erroneous Medicaid eligibility... SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Medicaid Eligibility Determinations § 416.2140 Liability for erroneous Medicaid eligibility determinations. If the State suffers any financial loss, directly...

  16. 24 CFR 5.526 - Protection from liability for responsible entities and State and local government agencies and...

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Section 214(e) (42 U.S.C 1436a(e)). (b) Protection from liability for State and local government agencies... responsible entities and State and local government agencies and officials. 5.526 Section 5.526 Housing and... for responsible entities and State and local government agencies and officials. (a) Protection from...

  17. 24 CFR 5.526 - Protection from liability for responsible entities and State and local government agencies and...

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... Section 214(e) (42 U.S.C 1436a(e)). (b) Protection from liability for State and local government agencies... responsible entities and State and local government agencies and officials. 5.526 Section 5.526 Housing and... for responsible entities and State and local government agencies and officials. (a) Protection from...

  18. The impact of federal and state income tax liabilities on timber investments in the Midwest and Northeast

    Treesearch

    Nathan R. Smith; Philip Bailey; Harry Jr. Haney; Debra Salbador; John Greene

    2007-01-01

    Federal and state income taxes are calculated for hypothetical forest landowners in two income brackets across 23 states in the Midwest and Northeast to illustrate the effects of differential state tax treatment. The income tax liability is calculated in a year in which the timber owners harvest $200,000 worth of timber. State income taxes ranged from highs of $13,427...

  19. The impact of federal and state income tax liabilities on timber investments in the west

    Treesearch

    Nathan R. Smith; Phillip Bailey; Harry Jr. Haney; Debra Salbador; John Greene

    2008-01-01

    Federal and state income taxes are calculated for hypothetical forest landowners in two income brackets across 13 states in the West to illustrate the effects of differential state tax treatment. The income tax liability is calculated in a year in which the timber owners harvest $200,000 worth of timber. State income taxes range from highs of $19,693 for middle-income...

  20. 29 CFR 4281.18 - Outstanding claims for withdrawal liability.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... INSOLVENCY, REORGANIZATION, TERMINATION, AND OTHER RULES APPLICABLE TO MULTIEMPLOYER PLANS DUTIES OF PLAN... in insolvency proceedings. The plan sponsor shall value an outstanding claim for withdrawal liability... title 11, United States Code, or any case or proceeding under similar provisions of state insolvency...

  1. The Impact of "Gertz": How the States Have Defined the Standard of Liability for the Private Libel Plaintiff.

    ERIC Educational Resources Information Center

    Stonecipher, Harry W.; Trager, Robert

    In the landmark "Gertz" decision, the United States Supreme Court held that, in the interest of protecting libel plaintiffs, the states under certain conditions could define for themselves the appropriate standard of liability for a publisher or broadcaster of defamatory falsehoods. This paper explores several applications of the…

  2. 31 CFR 240.18 - Lack of authority to shift liability.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 31 Money and Finance:Treasury 2 2012-07-01 2012-07-01 false Lack of authority to shift liability. 240.18 Section 240.18 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... depositor(s) under authority of state law. (b) A financial institution's liability under this part is not...

  3. 10 CFR 1015.304 - Joint and several liability.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 4 2011-01-01 2011-01-01 false Joint and several liability. 1015.304 Section 1015.304 Energy DEPARTMENT OF ENERGY (GENERAL PROVISIONS) COLLECTION OF CLAIMS OWED THE UNITED STATES Standards for the Compromise of Claims § 1015.304 Joint and several liability. (a) When two or more debtors are...

  4. 15 CFR 996.4 - Liability.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... REQUIREMENTS FOR NOAA HYDROGRAPHIC PRODUCTS AND SERVICES QUALITY ASSURANCE AND CERTIFICATION REQUIREMENTS FOR NOAA HYDROGRAPHIC PRODUCTS AND SERVICES General § 996.4 Liability. The Government of the United States...

  5. 15 CFR 996.4 - Liability.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... REQUIREMENTS FOR NOAA HYDROGRAPHIC PRODUCTS AND SERVICES QUALITY ASSURANCE AND CERTIFICATION REQUIREMENTS FOR NOAA HYDROGRAPHIC PRODUCTS AND SERVICES General § 996.4 Liability. The Government of the United States...

  6. 15 CFR 996.4 - Liability.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... REQUIREMENTS FOR NOAA HYDROGRAPHIC PRODUCTS AND SERVICES QUALITY ASSURANCE AND CERTIFICATION REQUIREMENTS FOR NOAA HYDROGRAPHIC PRODUCTS AND SERVICES General § 996.4 Liability. The Government of the United States...

  7. 15 CFR 996.4 - Liability.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... REQUIREMENTS FOR NOAA HYDROGRAPHIC PRODUCTS AND SERVICES QUALITY ASSURANCE AND CERTIFICATION REQUIREMENTS FOR NOAA HYDROGRAPHIC PRODUCTS AND SERVICES General § 996.4 Liability. The Government of the United States...

  8. 32 CFR 750.22 - Exclusiveness of remedy.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... employment, will be against the United States. This immunity from personal liability does not extend to... suits against individuals. (b) Other statutory provisions create immunity from personal liability for...

  9. 32 CFR 750.22 - Exclusiveness of remedy.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... employment, will be against the United States. This immunity from personal liability does not extend to... suits against individuals. (b) Other statutory provisions create immunity from personal liability for...

  10. 32 CFR 750.22 - Exclusiveness of remedy.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... employment, will be against the United States. This immunity from personal liability does not extend to... suits against individuals. (b) Other statutory provisions create immunity from personal liability for...

  11. 32 CFR 750.22 - Exclusiveness of remedy.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... employment, will be against the United States. This immunity from personal liability does not extend to... suits against individuals. (b) Other statutory provisions create immunity from personal liability for...

  12. A Survey of Laws and Court Decisions in the United States as Related to Teacher Responsibility and Liability During Field Trips.

    ERIC Educational Resources Information Center

    DuVall, Charles R.; Krepel, Wayne J.

    The purpose of this study was to investigate existing state laws and court decisions in the United States related to teacher responsibility and liability while on field trips. Literature reviewed in the report deals with both teacher responsibility and the instructional aspect of field trips. During July and August, 1971 a three-item questionnaire…

  13. 43 CFR 29.7 - Imposition of strict liability.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Pipeline and ports under the jurisdiction of the United States, and is carrying TAPS oil, the Owner and... discharge of TAPS oil from such vessel. Strict liability under this section shall cease when the TAPS oil... State law. (2) The Fund shall establish uniform procedures to determine whether claims from a TAPS oil...

  14. 31 CFR 205.14 - When does Federal interest liability accrue?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... EFFICIENT FEDERAL-STATE FUNDS TRANSFERS Rules Applicable to Federal Assistance Programs Included in a... funding technique properly, we may deny any resulting Federal interest liability, notwithstanding any...

  15. 27 CFR 70.163 - Surrender of property subject to levy.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... in the banking business in the United States or a possession of the United States is in possession of... rights not so surrendered, together with costs and interests. The liability, however, may not exceed the... than cost, will be credited against the tax liability for the collection of which the levy was made. (2...

  16. 31 CFR 370.26 - What limitations exist on liability?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... TRANSFERS RELATING TO UNITED STATES SECURITIES Debit Entries § 370.26 What limitations exist on liability? If we sustain a loss because a financial institution fails to handle an entry in accordance with this...

  17. Medical Liability Reform Crisis 2008

    PubMed Central

    2008-01-01

    The crisis of medical liability has resulted in drastic increases in insurance premiums and reduced access for patients to specialty care, particularly in areas such as obstetrics/gynecology, neurosurgery, and orthopaedic surgery. The current liability environment neither effectively compensates persons injured from medical negligence nor encourages addressing system errors to improve patient safety. The author reviews trends across the nation and reports on the efforts of an organization called “Doctors for Medical Liability Reform” to educate the public and lawmakers on the need for solutions to the chaotic process of adjudicating medical malpractice claims in the United States. PMID:18989732

  18. 15 CFR 996.4 - Liability.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE QUALITY ASSURANCE AND CERTIFICATION REQUIREMENTS FOR NOAA HYDROGRAPHIC PRODUCTS AND SERVICES QUALITY ASSURANCE AND CERTIFICATION REQUIREMENTS FOR NOAA HYDROGRAPHIC PRODUCTS AND SERVICES General § 996.4 Liability. The Government of the United States...

  19. 26 CFR 521.115 - Credit against United States tax liability for Danish tax.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... (CONTINUED) REGULATIONS UNDER TAX CONVENTIONS DENMARK General Income Tax Taxation of Nonresident Aliens Who... liability for Danish tax. For the purpose of avoidance of double taxation, Article XV provides that, on the...

  20. 26 CFR 521.115 - Credit against United States tax liability for Danish tax.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... (CONTINUED) REGULATIONS UNDER TAX CONVENTIONS DENMARK General Income Tax Taxation of Nonresident Aliens Who... liability for Danish tax. For the purpose of avoidance of double taxation, Article XV provides that, on the...

  1. 33 CFR 107.200 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... United States; or (iv) A corporation, partnership, association, trust, joint venture, limited liability company, limited liability partnership, or any other legal entity, created and authorized to own vessels... NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED ACCESS AREAS Unauthorized Entry Into Cuban...

  2. 48 CFR 352.228-7 - Insurance-liability to third persons.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... represents in its offer that it is partially immune from tort liability as a State agency, the Contracting...) Alternate II (APR 1984). If the successful offeror represents in its offer that it is totally immune from...

  3. 48 CFR 352.228-7 - Insurance-liability to third persons.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... represents in its offer that it is partially immune from tort liability as a State agency, the Contracting...) Alternate II (APR 1984). If the successful offeror represents in its offer that it is totally immune from...

  4. 48 CFR 352.228-7 - Insurance-liability to third persons.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... represents in its offer that it is partially immune from tort liability as a State agency, the Contracting...) Alternate II (APR 1984). If the successful offeror represents in its offer that it is totally immune from...

  5. An Examination of Immunity Statutes Regarding the Liability of Recreational Youth Sport Organizations for the Pedophilic Actions of Coaches, Administrators, and Officials

    ERIC Educational Resources Information Center

    Baker, Thomas A., III; Connaughton, Daniel P.; Zhang, James J.

    2010-01-01

    Millions of children in the United States participate in youth sports. The literature demonstrates that sexual abuse is a problem in sports. This study examined voluntary immunity statutes for all 50 states and the District of Columbia with the purpose of determining potential liability for recreational youth sport organizations for the pedophilic…

  6. Liability, regulation, and endogenous risk: the incidence and serverity of escaped prescribed fires in the United States

    Treesearch

    Jonathan Yoder

    2008-01-01

    Prescribed fire is a useful but risky method for reducing the general wildfire risk and improving wildlife habitats, biodiversity, timber growth, and agricultural forage. In the past 15 years, laws to further promote the use of prescribed fire have been adopted in several states. This article examines the effect of liability laws and common regulations on the incidence...

  7. 7 CFR 929.75 - Personal liability.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 7 Agriculture 8 2013-01-01 2013-01-01 false Personal liability. 929.75 Section 929.75 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; FRUITS, VEGETABLES, NUTS), DEPARTMENT OF AGRICULTURE CRANBERRIES GROWN IN STATES OF...

  8. 7 CFR 929.75 - Personal liability.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 7 Agriculture 8 2014-01-01 2014-01-01 false Personal liability. 929.75 Section 929.75 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; FRUITS, VEGETABLES, NUTS), DEPARTMENT OF AGRICULTURE CRANBERRIES GROWN IN STATES OF...

  9. 7 CFR 929.75 - Personal liability.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 7 Agriculture 8 2012-01-01 2012-01-01 false Personal liability. 929.75 Section 929.75 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE CRANBERRIES GROWN IN STATES OF...

  10. 7 CFR 929.75 - Personal liability.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 7 Agriculture 8 2011-01-01 2011-01-01 false Personal liability. 929.75 Section 929.75 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE CRANBERRIES GROWN IN STATES OF...

  11. Legal liability of medical toxicologists serving as poison control center consultants: a review of relevant legal statutes and survey of the experience of medical toxicologists.

    PubMed

    Curtis, John A; Greenberg, Michael

    2009-09-01

    Legal liability is an increasing concern in many areas of medicine, although the extent to which this alters the practice of medicine is unclear. To date the risk for litigation against medical toxicologists serving in the role of poison control center (PCC) consultants has not been assessed. A survey questionnaire was mailed to medical toxicologists in the United States to assess their litigation history with regard specifically to their role as PCC consultants. In addition, state laws were examined for statutes that provide protective language with regard to medical toxicologists working as PCC consults. This survey revealed that most medical toxicologists have served or currently serve as PCC consultants. Most had some degree of concern over legal liability, and several had been sued as a result of PCC consultations. Several states have specific statutes that limit the legal liability of PCCs and their employees, including medical directors and consulting medical toxicologists. Based on the survey results, legal action against toxicologists serving as PCC consultants appears to be an uncommon occurrence. Lawsuits are usually based upon nonfeasance and have typically been settled or dropped before trial. Legal liability is a concern for PCC consultants. However, legal action against consultants appears to be rare, and respondents to the survey indicated that it did not affect their advice or willingness to serve as PC consultants. A limited number of states have enacted laws that provide protection for medical toxicologists serving as PCC consultants.

  12. The impact of tort reform and quality improvements on medical liability claims: a tale of 2 States.

    PubMed

    Illingworth, Kenneth D; Shaha, Steven H; Tzeng, Tony H; Sinha, Michael S; Saleh, Khaled J

    2015-05-01

    The purpose of this study was to determine the effect of tort reform and quality improvement measures on medical liability claims in 2 groups of hospitals within the same multihospital organization: one in Texas, which implemented medical liability tort reform caps on noneconomic damages in 2003, and one in Louisiana, which did not undergo significant tort reform during the same time period. Significant reduction in medical liability claims per quarter in Texas was found after tort reform implementation (7.27 to 1.4; P<.05). A significant correlation was found between the increase in mean Centers for Medicare & Medicaid Services performance score and the decrease in the frequency of claims observed in Louisiana (P<.05). Although tort reform caps on noneconomic damages in Texas caused the largest initial decrease, increasing quality improvement measures without increasing financial burden also decreased liability claims in Louisiana. Uniquely, this study showed that increasing patient quality resulted in decreased medical liability claims. © 2014 by the American College of Medical Quality.

  13. Liability of physicians supervising nonphysician clinicians.

    PubMed

    Paterick, Barbara B; Waterhouse, Blake E; Paterick, Timothy E; Sanbar, Sandy S

    2014-01-01

    Physicians confront a variety of liability issues when supervising nonphysician clinicians (NPC) including: (1) direct liability resulting from a failure to meet the state-defined standards of supervision/collaboration with NPCs; (2) vicarious liability, arising from agency law, where physicians are held accountable for NPC clinical care that does not meet the national standard of care; and (3) responsibility for medical errors when the NPC and physician are co-employees of the corporate enterprise. Physician-NPC co-employee relationships are highlighted because they are new and becoming predominant in existing healthcare models. Because of their novelty, there is a paucity of judicial decisions determining liability for NPC errors in this setting. Knowledge of the existence of these risks will allow physicians to make informed decisions on what relationships they will enter with NPCs and how these relationships will be structured and monitored.

  14. 22 CFR 151.1 - Purpose.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Purpose. 151.1 Section 151.1 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC... immunity to have and maintain liability insurance against the risks of bodily injury, including death, and...

  15. 22 CFR 151.1 - Purpose.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Purpose. 151.1 Section 151.1 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC... immunity to have and maintain liability insurance against the risks of bodily injury, including death, and...

  16. 22 CFR 151.1 - Purpose.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Purpose. 151.1 Section 151.1 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC... immunity to have and maintain liability insurance against the risks of bodily injury, including death, and...

  17. 22 CFR 151.1 - Purpose.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Purpose. 151.1 Section 151.1 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC... immunity to have and maintain liability insurance against the risks of bodily injury, including death, and...

  18. 22 CFR 151.1 - Purpose.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Purpose. 151.1 Section 151.1 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC... immunity to have and maintain liability insurance against the risks of bodily injury, including death, and...

  19. Workshop report : joint workshop on liability issues in advanced vehicle control and automated highway systems

    DOT National Transportation Integrated Search

    1997-02-05

    The National Automated Highway System Consortium (NAHSC), ITS America and the American Association of State Highway & Transportation Officials (AASHTO) co-sponsored a two-day workshop in Washington, DC on February 5-6, 1997 to examine the liability i...

  20. 77 FR 74121 - Limited Liability Partnerships (LLPs)

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-13

    ... corporations. The Commission is considering treating all LLPs that have opted for Federal corporate tax... protected against personal liability for corporate obligations. Both forms of business entity may opt for treatment as an association, and consequently for corporate tax treatment, without regard to State law...

  1. Tort Liability of School Districts, Officers, and Employees

    ERIC Educational Resources Information Center

    Knowles, Laurence

    1972-01-01

    Discusses the tactics of tort litigation in the public area, and outlines 1972 State and Federal court cases involving such tort liability issues as (1) governmental immunity, (2) negligence and foreseeability, (3) assumption of risk, (4) contributory negligence, and (5) independent intervening cause. (JF)

  2. Effects of Dram Shop, Responsible Beverage Service Training, and State Alcohol Control Laws on Underage Drinking Driver Fatal Crash Ratios.

    PubMed

    Scherer, Michael; Fell, James C; Thomas, Sue; Voas, Robert B

    2015-01-01

    In this study, we aimed to determine whether three minimum legal drinking age 21 (MLDA-21) laws-dram shop liability, responsible beverage service (RBS) training, and state control of alcohol sales-have had an impact on underage drinking and driving fatal crashes using annual state-level data, and compared states with strong laws to those with weak laws to examine their effect on beer consumption and fatal crash ratios. Using the Fatality Analysis Reporting System, we calculated the ratio of drinking to nondrinking drivers under age 21 involved in fatal crashes as our key outcome measure. We used structural equation modeling to evaluate the three MLDA-21 laws. We controlled for covariates known to impact fatal crashes including: 17 additional MLDA-21 laws; administrative license revocation; blood alcohol concentration limits of.08 and.10 for driving; seat belt laws; sobriety checkpoint frequency; unemployment rates; and vehicle miles traveled. Outcome variables, in addition to the fatal crash ratios of drinking to nondrinking drivers under age 21 included state per capita beer consumption. Dram shop liability laws were associated with a 2.4% total effect decrease (direct effects: β =.019, p =.018). Similarly, RBS training laws were associated with a 3.6% total effect decrease (direct effect: β =.048, p =.001) in the ratio of drinking to nondrinking drivers under age 21 involved in fatal crashes. There was a significant relationship between dram shop liability law strength and per capita beer consumption, F (4, 1528) = 24.32, p <.001, partial η(2) =.016, showing states with strong dram shop liability laws (Mean (M) = 1.276) averaging significantly lower per capita beer consumption than states with weak laws (M = 1.340). Dram shop liability laws and RBS laws were both associated with significantly reduced per capita beer consumption and fatal crash ratios. In practical terms, this means that dram shop liability laws are currently associated with saving an estimated 64 lives in the 45 jurisdictions that currently have the law. If the remaining 6 states adopted the dram shop law, an additional 9 lives could potentially be saved annually. Similarly, RBS training laws are associated with saving an estimated 83 lives in the 37 jurisdictions that currently have the laws. If the remaining 14 states adopted these RBS training laws, we estimate that an additional 28 lives could potentially be saved.

  3. Effects of Dram Shop, Responsible Beverage Service Training, and State Alcohol Control Laws on Underage Drinking Driver Fatal Crash Ratios

    PubMed Central

    Scherer, Michael; Fell, James C.; Thomas, Sue; Voas, Robert B.

    2015-01-01

    Objectives In this study, we aimed to determine whether three minimum legal drinking age 21 (MLDA-21) laws—dram shop liability, responsible beverage service (RBS) training, and state control of alcohol sales—have had an impact on underage drinking-and-driving fatal crashes using annual state-level data, and compared states with strong laws to those with weak laws to examine their effect on beer consumption and fatal crash ratios. Methods Using the Fatality Analysis Reporting System, we calculated the ratio of drinking to nondrinking drivers under age 21 involved in fatal crashes as our key outcome measure. We used structural equation modeling to evaluate the three MLDA-21 laws. We controlled for covariates known to impact fatal crashes including: 17 additional MLDA-21 laws; administrative license revocation; blood alcohol concentration limits of .08 and .10 for driving; seat belt laws; sobriety checkpoint frequency; unemployment rates; and vehicle miles traveled. Outcome variables, in addition to the fatal crash ratios of drinking to nondrinking drivers under age 21 included state per capita beer consumption. Results Dram shop liability laws were associated with a 2.4% total effect decrease (direct effects: β = .019, p = .018). Similarly, RBS training laws were associated with a 3.6% total effect decrease (direct effects: β = .048, p = .001) in the ratio of drinking to nondrinking drivers under age 21 involved in fatal crashes. There was a significant relationship between dram shop liability law strength and per capita beer consumption, F (4, 1528) = 24.32, p < .001, partial η2 = .016, showing states with strong dram shop liability laws (Mean (M) = 1.276) averaging significantly lower per capita beer consumption than states with weak laws (M = 1.340). Conclusions Dram shop liability laws and RBS laws were both associated with significantly reduced per capita beer consumption and fatal crash ratios. In practical terms, this means that dram shop liability laws are currently associated with saving an estimated 64 lives in the 45 jurisdictions that currently have the law. If the remaining 6 states adopted the dram shop law, an additional 9 lives could potentially be saved annually. Similarly, RBS training laws are associated with saving an estimated 83 lives in the 37 jurisdictions that currently have the law. If the remaining 14 states adopted these RBS training laws, we estimate that an additional 28 lives could potentially be saved. PMID:26436244

  4. Finance issue brief: insurer liability: year end report-2003.

    PubMed

    MacEachern, Lillian

    2003-12-31

    When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

  5. Finance issue brief: insurer liability: year end report-2002.

    PubMed

    Morgan, Rachel; MacEachern, Lillian

    2002-12-31

    When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

  6. Finance, providers issue brief: insurer liability.

    PubMed

    Rothouse, M; Stauffer, M

    2000-05-24

    When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

  7. Finance, providers issue brief: insurer liability.

    PubMed

    Rothouse, M

    1999-07-01

    When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those are questions 29 states considered in 1998, and at least 35 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

  8. 77 FR 3772 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-01-25

    ...) requires limited partners, Registered Limited Liability Partnerships (``RLLPs''), and Limited Liability... limited partnership interest. 47 CFR 76.503(g) states ``Prior to acquiring additional multichannel video... for limited partners who are not materially involved, directly or indirectly, in the management or...

  9. Liability concerns and shared use of school recreational facilities in underserved communities.

    PubMed

    Spengler, John O; Connaughton, Daniel P; Maddock, Jason E

    2011-10-01

    In underserved communities, schools can provide the physical structure and facilities for informal and formal recreation as well as after-school, weekend, and summer programming. The importance of community access to schools is acknowledged by authoritative groups; however, fear of liability is believed to be a key barrier to community access. The purpose of this study was to investigate perceptions of liability risk and associated issues among school administrators in underserved communities. A national survey of school administrators in underserved communities (n=360, response rate of 21%) was conducted in 2009 and analyzed in 2010. Liability perceptions in the context of community access were assessed through descriptive statistics. The majority of respondents (82.2%) indicated concern for liability should someone be injured on school property after hours while participating in a recreational activity. Among those that did not allow community access, 91% were somewhat to very concerned about liability and 86% believed that stronger legislation was needed to better protect schools from liability for after-hours recreational use. Among those who claimed familiarity with a state law that offered them limited liability protection, nearly three fourths were nevertheless concerned about liability. Liability concerns are prevalent among this group of school administrators, particularly if they had been involved in prior litigation, and even if they indicated they were aware of laws that provide liability protection where use occurs after hours. Reducing these concerns will be important if schools are to become locations for recreational programs that promote physical activity outside of regular school hours. Copyright © 2011 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

  10. Tort Liability.

    ERIC Educational Resources Information Center

    Hudgins, H. C., Jr.

    This chapter summarizes recent state supreme court and federal court decisions involving the tort liability of school districts and school personnel. The cases discussed are generally limited to those decided during 1975 and reported in the General Digest as of March 1976, although a few 1974 cases not treated in the 1975 yearbook are also…

  11. Tort Liability.

    ERIC Educational Resources Information Center

    Hudgins, H. C., Jr.

    This chapter summarices and analyzes all state supreme court and federal court decisions as well as other significant court decisions involving the tort liability of school districts and school personnel. The cases discussed are generally limited to those decided during 1974 and reported in the General Digest on or before March 1, 1975. In his…

  12. The Tort Liability of the Classroom Teacher

    ERIC Educational Resources Information Center

    Ripps, Stephen R.

    1975-01-01

    Discusses the tort liabilities (both intentional and negligent torts) to which school and college teachers are exposed. Noting that the doctrine of sovereign immunity has protected the instructor and that litigation has increased in states which have waived their immunity, the author concludes that the likelihood of litigation is greater now than…

  13. 12 CFR 1233.5 - Protection from liability for reports.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 7 2011-01-01 2011-01-01 false Protection from liability for reports. 1233.5 Section 1233.5 Banks and Banking FEDERAL HOUSING FINANCE AGENCY ENTITY REGULATIONS REPORTING OF FRAUDULENT... law or regulation, any constitution, law, or regulation of any State or political subdivision of any...

  14. 12 CFR 1233.5 - Protection from liability for reports.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 12 Banks and Banking 10 2014-01-01 2014-01-01 false Protection from liability for reports. 1233.5 Section 1233.5 Banks and Banking FEDERAL HOUSING FINANCE AGENCY ENTITY REGULATIONS REPORTING OF FRAUDULENT... law or regulation, any constitution, law, or regulation of any State or political subdivision of any...

  15. 48 CFR 647.207-7 - Liability and insurance.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 48 Federal Acquisition Regulations System 4 2013-10-01 2013-10-01 false Liability and insurance. 647.207-7 Section 647.207-7 Federal Acquisition Regulations System DEPARTMENT OF STATE CONTRACT....00 per pound (or metric equivalent in local currency) based on the total net weight. The rate...

  16. 48 CFR 647.207-7 - Liability and insurance.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 48 Federal Acquisition Regulations System 4 2011-10-01 2011-10-01 false Liability and insurance. 647.207-7 Section 647.207-7 Federal Acquisition Regulations System DEPARTMENT OF STATE CONTRACT....00 per pound (or metric equivalent in local currency) based on the total net weight. The rate...

  17. 48 CFR 647.207-7 - Liability and insurance.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 48 Federal Acquisition Regulations System 4 2014-10-01 2014-10-01 false Liability and insurance. 647.207-7 Section 647.207-7 Federal Acquisition Regulations System DEPARTMENT OF STATE CONTRACT....00 per pound (or metric equivalent in local currency) based on the total net weight. The rate...

  18. 48 CFR 647.207-7 - Liability and insurance.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Liability and insurance. 647.207-7 Section 647.207-7 Federal Acquisition Regulations System DEPARTMENT OF STATE CONTRACT....00 per pound (or metric equivalent in local currency) based on the total net weight. The rate...

  19. 75 FR 27556 - Agency Information Collection Activities: Final Collection; Comment Request

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-05-17

    ... utilization and management prospective insurance liability relative to risk premiums received. DATES: Comments... utilization and management prospective insurance liability relative to risk premiums received. Affected Public... 92-30). SUMMARY: The Export-Import Bank of the United States (Ex-Im Bank), as a part of its...

  20. The Cost and Availability of Liability Insurance for Small Business. Hearings before the Committee on Small Business. United States Senate, Ninety-Ninth Congress, Second Session on the Cost and Availability of Liability Insurance for Small Business. Part 2 (February 20 and 21, 1986).

    ERIC Educational Resources Information Center

    Congress of the U.S., Washington, DC. Senate Committee on Small Business.

    The text of a Senate Committee on Small Business hearing on the cost and availability of liability insurance for small business is presented in this document. The crisis faced by small business with skyrocketing insurance rates is described in statements by Senators Lowell Weicker, Jr., Robert Kasten, Jr., Dale Bumpers, Paul Trible, Jr., James…

  1. Radon gas: contractor liability for an indoor health hazard.

    PubMed

    Shuko, C M

    1986-01-01

    Many families throughout the United States have recently detected dangerously high concentrations of radon gas inside their homes. Radon, a carcinogenic gas produced from uranium, has been discovered in structures overlying uranium-bearing rock. This discovery may result in litigation to determine contractor liability for building upon radon-releasing rock sites. This Note examines the strengths and weaknesses of the various theories of contractor liability and considers potential statutory claims under the Clean Air Act. The Note suggests, as an alternative approach to recovery, a proposed regulatory scheme and implementation plan.

  2. Legal Liability of School Board Members. Revised Edition.

    ERIC Educational Resources Information Center

    Leverett, E. Freeman

    This booklet reviews a broad array of factors affecting the immunity of school board members from personal liability for the results of their official acts. Among the factors examined are the federal doctrine of limited immunity as it applies to state officials; the possible extension of absolute immunity to school boards; the conditions under…

  3. 25 CFR 162.513 - Are there mandatory provisions a WEEL must contain?

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... AND PERMITS Wind and Solar Resource Leases Weels § 162.513 Are there mandatory provisions a WEEL must... indemnifies the United States and the Indian landowners against all liabilities or costs relating to the use... for liability or cost arising from the Indian landowners' negligence or willful misconduct. (e) We may...

  4. 25 CFR 162.513 - Are there mandatory provisions a WEEL must contain?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... AND PERMITS Wind and Solar Resource Leases Weels § 162.513 Are there mandatory provisions a WEEL must... indemnifies the United States and the Indian landowners against all liabilities or costs relating to the use... for liability or cost arising from the Indian landowners' negligence or willful misconduct. (e) We may...

  5. 40 CFR 267.147 - Liability requirements.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 28 2012-07-01 2012-07-01 false Liability requirements. 267.147... reasonable belief that the owner or operator may no longer meet the requirements of paragraph (f)(1) of this... obligation in that State. [70 FR 53453, Sept. 8, 2005, as amended at 71 FR 40278, July 14, 2006] ...

  6. 40 CFR 267.147 - Liability requirements.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 27 2011-07-01 2011-07-01 false Liability requirements. 267.147... reasonable belief that the owner or operator may no longer meet the requirements of paragraph (f)(1) of this... obligation in that State. [70 FR 53453, Sept. 8, 2005, as amended at 71 FR 40278, July 14, 2006] ...

  7. 40 CFR 267.147 - Liability requirements.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 27 2014-07-01 2014-07-01 false Liability requirements. 267.147... reasonable belief that the owner or operator may no longer meet the requirements of paragraph (f)(1) of this... obligation in that State. [70 FR 53453, Sept. 8, 2005, as amended at 71 FR 40278, July 14, 2006] ...

  8. 40 CFR 267.147 - Liability requirements.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 26 2010-07-01 2010-07-01 false Liability requirements. 267.147... reasonable belief that the owner or operator may no longer meet the requirements of paragraph (f)(1) of this... obligation in that State. [70 FR 53453, Sept. 8, 2005, as amended at 71 FR 40278, July 14, 2006] ...

  9. 40 CFR 267.147 - Liability requirements.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 28 2013-07-01 2013-07-01 false Liability requirements. 267.147... reasonable belief that the owner or operator may no longer meet the requirements of paragraph (f)(1) of this... obligation in that State. [70 FR 53453, Sept. 8, 2005, as amended at 71 FR 40278, July 14, 2006] ...

  10. 76 FR 73622 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-11-29

    ... of Possible Funding Reductions Please describe the effects, if any, of a 10% and 20% reduction in... and Liability Act (CERCLA) or Superfund, Section 128(a); Notice of Grant Funding Guidance for State... provides guidance on eligibility for funding, use of funding, grant mechanisms and process for awarding...

  11. Does Medical Malpractice Law Improve Health Care Quality?

    PubMed

    Frakes, Michael; Jena, Anupam B

    2016-11-01

    We assess the potential for medical liability forces to deter medical errors and improve health care treatment quality, identifying liability's influence by drawing on variations in the manner by which states formulate the negligence standard facing physicians. Using hospital discharge records from the National Hospital Discharge Survey and clinically-validated quality metrics inspired by the Agency for Health Care Research and Quality, we find evidence suggesting that treatment quality may improve upon reforms that expect physicians to adhere to higher quality clinical standards. We do not find evidence, however, suggesting that treatment quality may deteriorate following reforms to liability standards that arguably condone the delivery of lower quality care. Similarly, we do not find evidence of deterioration in health care quality following remedy-focused liability reforms such as caps on non-economic damages awards.

  12. Search Engine Liability for Copyright Infringement

    NASA Astrophysics Data System (ADS)

    Fitzgerald, B.; O'Brien, D.; Fitzgerald, A.

    The chapter provides a broad overview to the topic of search engine liability for copyright infringement. In doing so, the chapter examines some of the key copyright law principles and their application to search engines. The chapter also provides a discussion of some of the most important cases to be decided within the courts of the United States, Australia, China and Europe regarding the liability of search engines for copyright infringement. Finally, the chapter will conclude with some thoughts for reform, including how copyright law can be amended in order to accommodate and realise the great informative power which search engines have to offer society.

  13. Health plan liability and ERISA: the expanding scope of state legislation.

    PubMed

    Hellinger, Fred J; Young, Gary J

    2005-02-01

    The federal Employee Retirement Income Security Act of 1974 (ERISA) supersedes state laws as they relate to employer-based health care plans. Thus, cases brought under ERISA are heard in federal courts. We examined the intent, scope, and impact of recent laws passed in 10 states attempting to expand the legal rights of health plan enrollees to sue their plans. In June 2004, the US Supreme Court ruled that state-law causes of action brought under the Texas Health Care Liability Act involving coverage decisions by Aetna Health Inc and CIGNA Health Care of Texas were preempted by ERISA. The full implications of this decision are not evident at present.

  14. Health Plan Liability and ERISA: The Expanding Scope of State Legislation

    PubMed Central

    Hellinger, Fred J.; Young, Gary J.

    2005-01-01

    The federal Employee Retirement Income Security Act of 1974 (ERISA) supersedes state laws as they relate to employer-based health care plans. Thus, cases brought under ERISA are heard in federal courts. We examined the intent, scope, and impact of recent laws passed in 10 states attempting to expand the legal rights of health plan enrollees to sue their plans. In June 2004, the US Supreme Court ruled that state-law causes of action brought under the Texas Health Care Liability Act involving coverage decisions by Aetna Health Inc and CIGNA Health Care of Texas were preempted by ERISA. The full implications of this decision are not evident at present. PMID:15671453

  15. Oil pollution: cleaning up the legal mess. [Liability for pollution

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

    Maloof, D.L.

    1976-10-01

    The legal background of various laws and judicial decisions relative to oil-spill responsibility is reviewed. The positions of the maritime industry, the Federal Government, and coastal state governments are all presented. The Askew Decision and the Florida Oil Spill Prevention and Pollution Control Act of 1970 are discussed. The Federal law purported to be the solution to the problems incurred by the various state legislation acts was presented to both houses of Congress in July, 1975. Until this new act is passed, maritime trade is subject to various state regulations. The furor over liability for oil pollution as controlled bymore » the state regulations is discussed in detail. (BLM)« less

  16. Trends in malpractice premiums for dermatologists: results of a national survey.

    PubMed

    Resneck, Jack S

    2006-03-01

    To analyze professional liability premiums in dermatology and factors associated with premium variation. This study examines data from a survey of dermatologists conducted in 2004. Survey respondents (n = 1095) reported mean medical liability premiums of $10,898 in 2004 (95% confidence interval, $10,295-$11,501). Premiums increased by 24.4% in 2003 and 16.7% in 2004. There was substantial variation by state, and mean premiums were higher in American Medical Association (AMA)-declared "crisis states" than in those states listed as "currently OK" ($11,669 vs $9527; P = .03). Premium growth from 2002 through 2004 was higher in AMA crisis states and in states without $250 000 caps in place for noneconomic damages. Even when excluding payment for cosmetic riders, premium levels were higher for dermatologists spending more than 10% of their time in cosmetic practice ($13,816 vs $10,185; P<.001) or more than 30% of their time in noncosmetic surgery ($12,551 vs $10,453; P = .01). While premiums paid by dermatologists for professional liability insurance in 2004 were well below those experienced by higher-risk specialties, geographic factors and state tort law variation seem to be affecting dermatology premiums in much the same way they affect the field of medicine as a whole.

  17. Superfund manual: Legal and management strategies. 6. edition

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

    Hall, R.M. Jr.

    1998-12-31

    This book is essential for any responsible business seeking to identify and minimize risks arising out of potential CERCLA liability. This new 6th edition brings you up-to-date on the latest Superfund regulations, case law, and implementation policies, and provides you with comprehensive coverage of the entire program. You`ll learn what Superfund does and requires, how it is being implemented, and its impact upon you. In addition, the book provides some practical thoughts on strategic issues for potentially responsible parties and how to respond. Clearly explained in laymen`s terms are: hazardous substance release reporting; the National Contingency Plan and National Prioritiesmore » List; liability; government liability under Superfund; government response authorities and enforcement; response strategies for potentially responsible parties; natural resource damages; uses of Superfund; the role of the states under Superfund, state statutes and the common law; and EPCRA.« less

  18. 29 CFR 790.19 - “Agency of the United States.”

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... PORTAL-TO-PORTAL ACT OF 1947 ON THE FAIR LABOR STANDARDS ACT OF 1938 Defense of Good Faith Reliance on... is not relieved from liability, despite his reliance in good faith on such interpretations, unless it... “good faith” defense. “It will be noted that the relief from liability must be based on a ruling of a...

  19. Fatal School Shootings, Liability, and Sovereign Immunity: Where Should the Line Be Drawn?

    ERIC Educational Resources Information Center

    Harding, Tracey B.

    2001-01-01

    Despite the school shooting on December 1, 1997, under current state law in Kentucky, school officials and administrators are not likely to be held accountable, even for ignoring the most obvious of warning signs. There should no longer be the rule barring liability that is called sovereign immunity. Instead, the court should examine the actions…

  20. Malpractice Burden, Rural Location, and Discontinuation of Obstetric Care: A Study of Obstetric Providers in Michigan

    ERIC Educational Resources Information Center

    Xu, Xiao; Siefert, Kristine A.; Jacobson, Peter D.; Lori, Jody R.; Gueorguieva, Iana; Ransom, Scott B.

    2009-01-01

    Context: It has long been a concern that professional liability problems disproportionately affect the delivery of obstetrical services to women living in rural areas. Michigan, a state with a large number of rural communities, is considered to be at risk for a medical liability crisis. Purpose: This study examined whether higher malpractice…

  1. Liability Risks for After-Hours Use of Public School Property to Reduce Obesity: A 50-State Survey

    ERIC Educational Resources Information Center

    Baker, Tom; Masud, Hania

    2010-01-01

    Background: One way to address childhood obesity is to create outlets for children to engage in physical activity. Schools are well equipped to provide an active environment. However, some school boards and administrators are concerned about liability risks. This study describes the legal rules applicable to potential claims against public schools…

  2. Evaluating the medical malpractice system and options for reform.

    PubMed

    Kessler, Daniel P

    2011-01-01

    The U.S. medical malpractice liability system has two principal objectives: to compensate patients who are injured through the negligence of healthcare providers and to deter providers from practicing negligently. In practice, however, the system is slow and costly to administer. It both fails to compensate patients who have suffered from bad medical care and compensates those who haven't. According to opinion surveys of physicians, the system creates incentives to undertake cost-ineffective treatments based on fear of legal liability--to practice "defensive medicine." The failures of the liability system and the high cost of health care in the United States have led to an important debate over tort policy. How well does malpractice law achieve its intended goals? How large of a problem is defensive medicine and can reforms to malpractice law reduce its impact on healthcare spending? The flaws of the existing system have led a number of states to change their laws in a way that would reduce malpractice liability--to adopt "tort reforms." Evidence from several studies suggests that wisely chosen reforms have the potential to reduce healthcare spending significantly with no adverse impact on patient health outcomes.

  3. Strategies for Limiting Engineers' Potential Liability for Indoor Air Quality Problems.

    PubMed

    von Oppenfeld, Rolf R; Freeze, Mark E; Sabo, Sean M

    1998-10-01

    Engineers face indoor air quality (IAQ) issues at the design phase of building construction as well as during the investigation and mitigation of potential indoor air pollution problems during building operation. IAQ issues that can be identified are "building-related illnesses" that may include problems of volatile organic compounds (VOCs). IAQ issues that cannot be identified are termed "sick building syndrome." Frequently, microorganism-caused illnesses are difficult to confirm. Engineers who provide professional services that directly or indirectly impact IAQ face significant potential liability to clients and third parties when performing these duties. Potential theories supporting liability claims for IAQ problems against engineers include breach of contract and various common law tort theories such as negligence and negligent misrepresentation. Furthermore, an increasing number of federal, state, and local regulations affect IAQ issues and can directly increase the potential liability of engineers. A duty to disclose potential or actual air quality concerns to third parties may apply for engineers in given circumstances. Such a duty may arise from judicial precedent, the Model Guide for Professional Conduct for Engineers, or the Code of Ethics for Engineers. Practical strategies engineers can use to protect themselves from liability include regular training and continuing education in relevant regulatory, scientific, and case law developments; detailed documentation and recordkeeping practices; adequate insurance coverage; contractual indemnity clauses; contractual provisions limiting liability to the scope of work performed; and contractual provisions limiting the extent of liability for engineers' negligence. Furthermore, through the proper use of building materials and construction techniques, an engineer or other design professional can effectively limit the potential for IAQ liability.

  4. Induced seismicity and the potential for liability under U.S. law

    NASA Astrophysics Data System (ADS)

    Cypser, Darlene A.; Davis, Scott D.

    1998-04-01

    Research by seismologists over the past 30+ years has firmly established that some human activities induce seismicity. Sometimes induced seismicity causes injuries to people or property. The activities which induce seismicity generally involve extraction of energy, or natural resources, or the disposal of wastes. As the human population increases these extraction and disposal activities will increase in number of sites and intensity of effort as the demands become greater and the resources scarcer. With these increases the number and severity of damaging induced earthquakes is likely to increase. Induced seismicity may cause injuries by vibrations or by seismically induced ground failure. In either case compensation for injuries caused by induced seismicity should be paid for by the inducer. In the United States the inducer of damaging seismicity can be made to pay for the harm caused. Liability for damage caused by vibrations can be based on several legal theories: trespass, strict liability, negligence and nuisance. Our research revealed no cases in which an appellate court has upheld or rejected the application of tort liability to an induced earthquake situation. However, there are numerous analogous cases that support the application of these legal theories to induced seismicity. Vibrations or concussions due to blasting or heavy machinery are sometimes viewed as a `trespass' analogous to a physical invasion. In some states activities which induce earthquakes might be considered `abnormally dangerous' activities that require companies engaged in them to pay for injuries the quakes cause regardless of how careful the inducers were. In some circumstances, a court may find that an inducer was negligent in its site selection or in maintenance of the project. If induced seismicity interferes with the use or enjoyment of another's land, then the inducing activity may be a legal nuisance, even if the seismicity causes little physical damage. In most states of the United States owners of land owe a duty of lateral support to adjacent landowners, and, in some states, mineral estate owners and lessees owe a duty of subjacent support to the surface owners. Failure to meet those duties of support can result in liability. Seismicity induced by one source might accelerate failure of support originating from another source, leaving both of the parties at fault proportionally liable to the injured parties. Geoscientists can use their roles as investigators, educators and advisors to help companies in the petroleum, mining and geothermal fields avoid liability.

  5. 26 CFR 1.905-3T - Adjustments to United States tax liability and to the pools of post-1986 undistributed earnings...

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... as a credit or added to post-1986 foreign income taxes. (iv) Functional currency tax liabilities. If... tax redetermination includes: accrued taxes that when paid differ from the amounts added to post-1986... the dollar value of the accrued tax and the dollar value of the tax paid attributable to fluctuations...

  6. 26 CFR 1.905-3T - Adjustments to United States tax liability and to the pools of post-1986 undistributed earnings...

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... as a credit or added to post-1986 foreign income taxes. (iv) Functional currency tax liabilities. If... tax redetermination includes: accrued taxes that when paid differ from the amounts added to post-1986... the dollar value of the accrued tax and the dollar value of the tax paid attributable to fluctuations...

  7. 26 CFR 1.905-3T - Adjustments to United States tax liability and to the pools of post-1986 undistributed earnings...

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... as a credit or added to post-1986 foreign income taxes. (iv) Functional currency tax liabilities. If... tax redetermination includes: accrued taxes that when paid differ from the amounts added to post-1986... the dollar value of the accrued tax and the dollar value of the tax paid attributable to fluctuations...

  8. 26 CFR 1.905-3T - Adjustments to United States tax liability and to the pools of post-1986 undistributed earnings...

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... as a credit or added to post-1986 foreign income taxes. (iv) Functional currency tax liabilities. If... tax redetermination includes: accrued taxes that when paid differ from the amounts added to post-1986... the dollar value of the accrued tax and the dollar value of the tax paid attributable to fluctuations...

  9. State tort reforms and hospital malpractice costs.

    PubMed

    Ellington, Charles R; Dodoo, Martey; Phillips, Robert; Szabat, Ronald; Green, Larry; Bullock, Kim

    2010-01-01

    This study explored the relation between state medical liability reform measures, hospital malpractice costs, and hospital solvency. It suggests that state malpractice caps are desirable but not essential for improved hospital financial solvency or viability.

  10. Cybersecurity threats to satellite communications: Towards a typology of state actor responses

    NASA Astrophysics Data System (ADS)

    Housen-Couriel, Deborah

    2016-11-01

    Cybersecurity threats to satellite communications are a relatively new phenomenon, yet have quickly come to the forefront of concern for the sustainability of satellite systems due to the vulnerabilities that such threats may exploit and negatively impact. These vulnerabilities are mission-critical: they include launch systems, communications, telemetry, tracking and command, and mission completion. They and other aspects of satellite communications depend heavily on secure and resilient cyber capabilities for all stages of the satellite's lifespan. Because of the inherently global nature of both satellite and cyberspace activities, these capabilities rely significantly on international cooperation for setting a baseline of agreed legal norms that protect satellites and satellite communications. This critical cooperation is relevant during all mission phases, from planning to final wrap-up. Under optimal circumstances, the norms and standards protecting satellites and satellite transmissions are developed and enforced by those nation-state actors that are committed to system operability and overall mission sustainability for those satellites launched under their aegis and responsibility. However, when breaches of international law do occur in the form of hostile cyber events that cause damage to satellite communications, a range of measures should be available to the victim state, provided by the appropriate legal regime or regimes. This article proposes that a comprehensive and integrative multi-stakeholder review be undertaken in the near future of the measures available under international law for responding to hostile acts directed at satellite systems and communications, in a manner that takes into account both existing regimes of international law reviewed herein, as well as considerations of cybersecurity. These measures will depend upon the characterization of hostile interference with satellite transmissions in accordance with a proposed typology of hostile events. At present, four key normative international law regimes influence the types of measures that may be undertaken by states: the UN Charter's collective security regime; space law (governing the launching of objects and their space activities, including liability for damages); global telecommunications law (governing data transmissions and protection of infrastructures); and the substantive law relating to transborder freedom of information. Moreover, the nascent normative framework that will eventually apply to state and non-state activities in cyberspace will also be relevant to satellite communications, although it has been largely excluded from analyses and studies. In summary, this article proposes a typology of hostile events, both kinetic and cyber-enabled, that are liable to disrupt satellite communications; and it reviews the four key relevant legal regimes and notes the challenges of nascent cybersecurity law on the international plane. The article concludes by advocating for the establishment of a framework for effective elucidation of appropriate legal remedies at the international level in responding to kinetic, virtual and hybrid threats and hostile disruptions to satellite communications. ASAT of various types, including hostile interference with satellite transmissions, has also been treated as a critical issue in the context of the increasing militarization of space, as addressed under the auspices of the United Nations' Office for Outer Space Affairs (UNOOSA) and Office for Disarmament Affairs (UNODA). For example, in the 2013 Report of the UN Group of Governmental Experts on Transparency and Confidence-Building Measures in Outer Space Activities (herein, "GGE") it was noted that the outer space environment is becoming "…increasingly congested, contested and competitive. In the context of international peace and security, there is growing concern that threats to vital space capabilities may increase during the next decade as a result of both natural and man-made hazards and the possible development of disruptive and destructive counterspace capabilities" [14].Ongoing work under the auspices of UN bodies and other intergovernmental organizations regarding the developing parameters of outer space governance has in recent years sharpened the understanding that a new, unified approach is needed [15]. The underlying assumption of this article is that international law has a key role to play in articulating these "rules of the road" for the activities of state actors relating to satellites, including the imposition of realistic and effective sanctions for those states that do not uphold and implement the applicable legal norms. Yet the additional and relatively unexplored issue of the application of international law to state activities in cyberspace is a relevant legal consideration that also needs to be weighed in evaluating the range of possible state responses to hostile disruption of satellite communications. This consideration is largely absent from existing intergovernmental initiatives regarding outer space governance [16]. Thus, the incorporation of cybersecurity considerations will be an important element of the analysis of harmful interference to satellite transmissions in light of the four regimes reviewed below. Thus, space law imposes upon states the responsibility for actions carried out by satellites under their jurisdiction and control, and duly attributable to them under international law. These actions may include physical damage caused by the creation of space debris that inflicts physical harm to other satellites.The full regime establishing responsibility and stipulating damages is set out in the Liability Convention, which elaborates on OST Article VII. The degree of liability incurred under particular circumstances is stipulated in the Liability Convention's Articles II through VI. For instance, Article II establishes absolute liability "for damage caused by [the launching state's] space object on the surface of the earth or to aircraft flight" [38]. This liability requires, for example, payment of compensation to the injured state when certain criteria have been met. In outer space, state liability must be established in accordance with the provisions of Liability Convention Articles II and IV. For these purposes, "damage" is defined as: "… [the] loss of life, personal injury or other impairment of health; or loss of or damage to property of States or of persons, natural or juridical, or property of international intergovernmental organizations" [39].There remains an open question of the applicability of the Liability Convention to satellite transmissions that are subject to hostile disruption through solely virtual means. A recent Draft Report of the Chair of the COPOUS Working Group on the Status and Application of the Five United Nations Treaties on Outer Space raised the question of expanding the scope of states' international responsibility and liability under this Convention [40]. The European Union's 2014 Draft Code of Conduct also formulates a broad approach, advocating "…the freedom for all States, in accordance with international law and obligations, to access, to explore, and to use outer space for peaceful purposes without harmful interference, fully respecting the security, safety and integrity of space objects…" [41]. It specifically endorses improving states' adherence to, and implementation of, ITU regulations addressing harmful radio-frequency interference [42].It is proposed here that a reasonable interpretation of Article VII might also include damage caused virtually by hostile disruption to satellite transmissions, whether by space debris or otherwise [43]. The Convention's concept of "loss or damage to property" would entail a determination that transmissions and the data they transmit constitute the "property" of a state or private entity the activity of which is attributable to a state. It is contended that this is not an unreasonable extension of the scope of the Convention, especially given the high commercial and financial value of many such transmissions. There is also precedent for such an approach, as in the application of the WIPO Convention to satellite transmissions, which it views as assets capable of bearing proprietary rights [44]. Moreover, commercial satellite operators and satellite consortia, such as International Maritime Satellite Organization (IMSO), are bound to provisions within their conventional regimes that require compensation when client transmissions are interrupted, distorted or otherwise damaged [45].In summary, the application of space law to the disruption of satellite transmissions may be characterized as follows. The determinative point of departure for space law is general international law, including the UN Charter and its regime of collective security. Although states may not claim sovereignty over particular territories in outer space, including the moon and other celestial bodies, satellites do remain under the sovereignty and the responsibility of the launching state or states. These legal principles are established in the OST, which also provides (together with the Liability Convention) for the liability of states for damage caused by satellites throughout the satellite's life span. In this author's view, the definition of "damage", crucial to the application of the Liability Convention, may be understood to include injuries caused by either kinetic or virtual means, including damage caused through and in cyberspace. More controversial is the question of whether satellite transmissions may be considered "property" under the Liability Convention, together with the applicable commercial satellite agreement, and are covered by its provisions. It is proposed that certain satellite transmissions are in fact subject to the Liability Convention as "property" and are protected by its provisions. Nonetheless, state practice regarding the issue is currently lacking, as it is, to a lesser degree, regarding liability for the clearer case of physical damage to satellites [46].

  11. The Copyright Infringement Liability of Online and Internet Service Providers. Hearing on S.1146, a Bill To Amend Title 17, United States Code, To Provide Limitations on Copyright Liability Relating to Material Online, and for Other Purposes. Committee on the Judiciary, United States Senate, One Hundred Fifth Congress, First Session (September 4, 1997).

    ERIC Educational Resources Information Center

    Congress of the U.S., Washington, DC. Senate Committee on the Judiciary.

    This Congressional hearing transcript presents testimony on how to best combat the risk of copyright infringement facing content providers on the Internet. The Internet enables users to reproduce perfectly and distribute globally copies of the digital works that represent some of the most valuable products of American creativity. While some of…

  12. 31 CFR 205.13 - How do you determine when State or Federal interest liability accrues?

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... SERVICE RULES AND PROCEDURES FOR EFFICIENT FEDERAL-STATE FUNDS TRANSFERS Rules Applicable to Federal... mutually agreed to funding techniques are applied, depending on the terms of the Treasury-State agreement...

  13. Neurosurgical Defensive Medicine in Texas and Illinois: A Tale of 2 States.

    PubMed

    Cote, David J; Karhade, Aditya V; Larsen, Alexandra M G; Castlen, Joseph P; Smith, Timothy R

    2016-05-01

    To compare the self-reported liability characteristics and defensive medicine practices of neurosurgeons in Texas with neurosurgeons in Illinois in an effort to describe the effect of medicolegal environment on defensive behavior. An online survey was sent to 3344 members of the American Board of Neurological Surgery. Respondents were asked questions in 8 domains, and responses were compared between Illinois, the state with the highest reported average malpractice insurance premium, and Texas, a state with a relatively low average malpractice insurance premium. In Illinois, 85 of 146 (58.2%) neurosurgeons surveyed responded to the survey. In Texas, 65 of 265 (24.5%) neurosurgeons surveyed responded. In Illinois, neurosurgeons were more likely to rate the overall burden of liability insurance premiums to be an extreme/major burden (odds ratio [OR] = 7.398, P < 0.001) and to have >$2 million in total coverage (OR = 9.814, P < 0.001) than neurosurgeons from Texas. Annual malpractice insurance premiums in Illinois were more likely to be higher than $50,000 than in Texas (OR = 9.936, P < 0.001), and survey respondents from Illinois were more likely to believe that there is an ongoing medical liability crisis in the United States (OR = 9.505, P < 0.001). Neurosurgeons from Illinois were more likely to report that they very often/always order additional imaging (OR = 2.514, P = 0.011) or very often/always request additional consultations (OR = 2.385, P = 0.014) compared with neurosurgeons in Texas. Neurosurgeons in Illinois are more likely to believe that there is an ongoing medical liability crisis and more likely to practice defensively than neurosurgeons in Texas. Copyright © 2016 Elsevier Inc. All rights reserved.

  14. Medicaid integrity program; limitation on contractor liability. Final rule.

    PubMed

    2007-11-30

    The Medicaid Integrity Program (the Program) provides that the Secretary promote the integrity of the Medicaid program by entering into contracts with contractors that will review the actions of individuals or entities furnishing items or services (whether fee-for-service, risk, or other basis) for which payment may be made under an approved State plan and/or any waiver of the plan approved under section 1115 of the Social Security Act; audit claims for payment of items or services furnished, or administrative services furnished, under a State plan; identify overpayments of individuals or entities receiving Federal funds; and educate providers of services, managed care entities, beneficiaries, and other individuals with respect to payment integrity and quality of care. This final rule will provide for limitations on a contractor's liability while performing these services under the Program. The final rule will, to the extent possible, employ the same or comparable standards and other substantive and procedural provisions as are contained in section 1157 (Limitation on Liability) of the Social Security Act.

  15. Overview of the Government of Canada Nuclear Legacy Liabilities Program - 13551

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

    Metcalfe, D.; McCauley, D.; Miller, J.

    Nuclear legacy liabilities have resulted from more than 60 years of nuclear research and development carried out on behalf of Canada. The liabilities are located at Atomic Energy of Canada Limited's (AECL) Chalk River Laboratories in Ontario and Whiteshell Laboratories in Manitoba, as well as three shutdown prototype reactors in Ontario and Quebec that are being maintained in a safe storage state. Estimated at about $7.4 billion (current day dollars), these liabilities consist of disused nuclear facilities and associated infrastructure, a wide variety of buried and stored waste, and contaminated lands. In 2006, the Government of Canada adopted a long-termmore » strategy to deal with the nuclear legacy liabilities and initiated a five-year, $520 million start-up phase, thereby creating the Nuclear Legacy Liabilities Program (NLLP). The Government of Canada renewed the NLLP in 2011 with a $439-million three-year second phase that ends March 31, 2014. The projects and activities carried out under the Program focus on infrastructure decommissioning, environmental restoration, improving the management of legacy radioactive waste, and advancing the long-term strategy. The NLLP is being implemented through a Memorandum of Understanding between Natural Resources Canada (NRCan) and AECL whereby NRCan is responsible for policy direction and oversight, including control of funding, and AECL is responsible for implementing the program of work and holding and administering all licences, facilities and lands. (authors)« less

  16. 31 CFR 100.7 - Treasury's liability.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... made when: (1) Fragments and remnants presented are not identifiable as United States currency; or (2) Fragments and remnants presented which represent 50% or less of a note are identifiable as United States...

  17. Malpractice liability and defensive medicine: a national survey of neurosurgeons.

    PubMed

    Nahed, Brian V; Babu, Maya A; Smith, Timothy R; Heary, Robert F

    2012-01-01

    Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons have altered their practices to lessen medical-legal risk. We present the first national survey of American neurosurgeons' perceptions of malpractice liability and defensive medicine practices. A validated, 51-question online-survey was sent to 3344 practicing U.S. neurosurgeon members of the American Association of Neurological Surgeons, which represents 76% of neurosurgeons in academic and private practices. A total of 1028 surveys were completed (31% response rate) by neurosurgeons representing diverse sub-specialty practices. Respondents engaged in defensive medicine practices by ordering additional imaging studies (72%), laboratory tests (67%), referring patients to consultants (66%), or prescribing medications (40%). Malpractice premiums were considered a "major or extreme" burden by 64% of respondents which resulted in 45% of respondents eliminating high-risk procedures from their practice due to liability concerns. Concerns and perceptions about medical liability lead practitioners to practice defensive medicine. As a result, diagnostic testing, consultations and imaging studies are ordered to satisfy a perceived legal risk, resulting in higher healthcare expenditures. To minimize malpractice risk, some neurosurgeons have eliminated high-risk procedures. Left unchecked, concerns over medical liability will further defensive medicine practices, limit patient access to care, and increase the cost of healthcare delivery in the United States.

  18. Malpractice Liability and Defensive Medicine: A National Survey of Neurosurgeons

    PubMed Central

    Smith, Timothy R.; Heary, Robert F.

    2012-01-01

    Background Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons have altered their practices to lessen medical-legal risk. We present the first national survey of American neurosurgeons’ perceptions of malpractice liability and defensive medicine practices. Methods A validated, 51-question online-survey was sent to 3344 practicing U.S. neurosurgeon members of the American Association of Neurological Surgeons, which represents 76% of neurosurgeons in academic and private practices. Results A total of 1028 surveys were completed (31% response rate) by neurosurgeons representing diverse sub-specialty practices. Respondents engaged in defensive medicine practices by ordering additional imaging studies (72%), laboratory tests (67%), referring patients to consultants (66%), or prescribing medications (40%). Malpractice premiums were considered a “major or extreme” burden by 64% of respondents which resulted in 45% of respondents eliminating high-risk procedures from their practice due to liability concerns. Conclusions Concerns and perceptions about medical liability lead practitioners to practice defensive medicine. As a result, diagnostic testing, consultations and imaging studies are ordered to satisfy a perceived legal risk, resulting in higher healthcare expenditures. To minimize malpractice risk, some neurosurgeons have eliminated high-risk procedures. Left unchecked, concerns over medical liability will further defensive medicine practices, limit patient access to care, and increase the cost of healthcare delivery in the United States. PMID:22761745

  19. Office gossip: a surprising source of liability.

    PubMed

    Gregg, Robert E

    2003-01-01

    Rumors and gossip are inevitable ingredients of work life. Within limits, they may have some beneficial functions. Still, practitioners and managers must be aware of the dangers inherent in defamation of character and harassment. This article defines workplace comments and activities that should be avoided and the employer's legal liability when situations get out of hand. It also outlines the manager's responsibilities and lists privacy rights that are codified by state and federal laws.

  20. Fiscal Year 2014 United States Army Annual Financial Report: Maintaining Readiness Through Fiscal Responsibility

    DTIC Science & Technology

    2014-01-01

    citizens at home, to combating insurgents abroad. Providing Advanced Technologies The Army’s Science and Technology (S&T) investments support Army...Construction 29,892,790 33,309,504 (Less: Earned Revenue) $ (14,868,782) $ (14,584,858) Net Cost before Losses/(Gains) from Actuarial Assumption Changes for...Benefits consist of various employee actuarial liabilities not due and payable during the current fiscal year. These liabilities consist primarily

  1. 46 CFR 204.9 - Indemnity or contribution.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... the United States. If a claim arises under circumstances in which the United States is entitled to... party to honor its obligation to the United States or to accept its share of joint liability. If the...) Sought from the United States. Claims for indemnity or contribution from the United States shall be...

  2. 46 CFR 204.9 - Indemnity or contribution.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... the United States. If a claim arises under circumstances in which the United States is entitled to... party to honor its obligation to the United States or to accept its share of joint liability. If the...) Sought from the United States. Claims for indemnity or contribution from the United States shall be...

  3. Engaging Law Enforcement in Overdose Reversal Initiatives: Authorization and Liability for Naloxone Administration

    PubMed Central

    Carr, Derek; Southwell, Jessica K.; Beletsky, Leo

    2015-01-01

    Opioid overdose is reversible through the timely administration of naloxone, which has been used by emergency medical services for decades. Law enforcement officers (LEOs) are often the first emergency responders to arrive at an overdose, but they are not typically equipped with naloxone. This is rapidly changing; more than 220 law enforcement agencies in 24 states now carry naloxone. However, rollout in some departments has been hampered by concerns regarding officer and agency liability. We systematically examined the legal risk associated with LEO naloxone administration. LEOs can be authorized to administer naloxone through a variety of mechanisms, and liability risks related to naloxone administration are similar to or lower than those of other activities in which LEOs commonly engage. PMID:26066921

  4. Legal barriers to effective ecosystem management: exploring linkages between liability, regulations, and prescribed fire.

    PubMed

    Wonkka, Carissa L; Rogers, William E; Kreuter, Urs P

    2015-12-01

    Resistance to the use of prescribed fire is strong among many private land managers despite the advantages it offers for maintaining fire-adapted ecosystems. Even managers who are aware of the benefits of using prescribed fire as a management tool avoid using it, citing potential liability as a major reason for their aversion. Recognizing the importance of prescribed fire for ecosystem management and the constraints current statutory schemes impose on its use, several states in the United States have undertaken prescribed burn statutory reform. The stated purpose of these statutory reforms, often called "right to burn" or "prescribed burning" acts, is to encourage prescribed burning for resource protection, public safety, and land management. Our research assessed the consequences of prescribed burn statutory reform by identifying legal incentives and impediments to prescribed fire application for ecosystem restoration and management, as well as fuel reduction. Specifically, we explored the relationship between prescribed burning laws and decisions made by land managers by exploiting a geographic-based natural experiment to compare landowner-prescribed fire use in contiguous counties with different regulations and legal liability standards. Controlling for potentially confounding variables, we found that private landowners in counties with gross negligence liability standards burn significantly more hectares than those in counties with simple negligence standards (F6,72 = 4.16, P = 0.046). There was no difference in hectares burned on private land between counties with additional statutorily mandated regulatory requirements and those requiring only a permit to complete a prescribed burn (F6,72 = 1.42, P = 0.24) or between counties with burn ban exemptions for certified prescribed burn managers and those with no exemptions during burn bans (F6,72 = 1.39, P = 0.24). Lawmakers attempting to develop prescribed burning statutes to promote the safe use of prescribed fire should consider the benefits of lower legal liability standards in conjunction with regulatory requirements that promote safety for those managing forests and rangelands with fire. Moreover, ecologists and land managers might be better prepared and motivated to educate stakeholder groups who influence prescribed fire policies if they are cognizant of the manner in which policy regulations and liability concerns create legal barriers that inhibit the implementation of effective ecosystem management strategies.

  5. Effects of dram shop liability and enhanced overservice law enforcement initiatives on excessive alcohol consumption and related harms: Two community guide systematic reviews.

    PubMed

    Rammohan, Veda; Hahn, Robert A; Elder, Randy; Brewer, Robert; Fielding, Jonathan; Naimi, Timothy S; Toomey, Traci L; Chattopadhyay, Sajal K; Zometa, Carlos

    2011-09-01

    Dram shop liability holds the owner or server(s) at a bar, restaurant, or other location where a patron, adult or underage, consumed his or her last alcoholic beverage responsible for harms subsequently inflicted by the patron on others. Liability in a state can be established by case law or statute. Overservice laws prohibit the sale of alcoholic beverages to intoxicated patrons drinking in on-premises retail alcohol outlets (i.e., premises where the alcohol is consumed where purchased); enhanced enforcement of these laws is intended to ensure compliance by premises personnel. Both of these interventions are ultimately designed to promote responsible beverage service by reducing sales to intoxicated patrons, underage youth, or both. This review assesses the effectiveness of dram shop liability and the enhanced enforcement of overservice laws for preventing excessive alcohol consumption and related harms. Studies assessing alcohol-related harms in states adopting dram shop laws were evaluated, as were studies assessing alcohol-related harms in regions with enhanced overservice enforcement. Methods previously developed for systematic reviews for the Guide to Community Preventive Services were used. Eleven studies assessed the association of state dram shop liability with various outcomes, including all-cause motor vehicle crash deaths, alcohol-related motor vehicle crash deaths (the most common outcome assessed in the studies reviewed), alcohol consumption, and other alcohol-related harms. There was a median reduction of 6.4% (range of values 3.7% to 11.3% reduction) in alcohol-related motor vehicle fatalities associated with the presence of dram shop liability in jurisdictions where premises are licensed. Other alcohol-related outcomes also showed a reduction. Only two studies assessed the effects of enhanced enforcement initiatives on alcohol-related outcomes; findings were inconsistent, some indicating benefit and others none. According to Community Guide rules of evidence, the number and consistency of findings indicate strong evidence of the effectiveness of dram shop laws in reducing alcohol-related harms. It will be important to assess the possible effects of legal modifications to dram shop proceedings, such as the imposition of statutes of limitation, increased evidentiary requirements, and caps on recoverable amounts. According to Community Guide rules of evidence, evidence is insufficient to determine the effectiveness of enhanced enforcement of overservice laws for preventing excessive alcohol consumption and related harms. Published by Elsevier Inc.

  6. Shield the volunteers: state, federal laws protect physicians from liability.

    PubMed

    Conde, Crystal

    2009-03-01

    Physicians wanting to volunteer their services at a free clinic need not be overly concerned about being sued. State and federal laws offer protection and make it difficult for a plaintiff to succeed.

  7. Environmental liability and the onshore oil and gas prospector

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

    Jacobs, J.A.; Davis, P.

    Environmental liability can be transferred to the oil or gas prospector along with the conveyance of an oil or gas lease. Should soil or groundwater contamination be discovered on a lease, an innocent owner or operator could be liable under state and federal environmental laws for court-ordered remediation costs if potentially responsible parties were unavailable or insolvent. Potential environmental liabilities can be minimized, however, by a preconveyance survey. Existing storage tanks, wells, pipelines, and other anthropogenic features on site should be inspected and photographically documented, as should evidence of previous spills or leaks such as discolored soil and distressed vegetation.more » Land use and ownership history can be documented from historical maps, aerial photographs, tax records, and even interviews with knowledgeable sources. Contaminated groundwater from offsite sources even miles away may migrate onto potential drill sites. Offsite reconnaissance and a review of the Environmental Protection Agency, state, and local environmental agency lists of contaminated sites in the area of the prospective lease provide information to help the potential lessee evaluate this risk. The cost to research and document potential environmental problems on or in the vicinity of a lease is a fraction of the cost required to develop an oil or gas prospect. Performing a preconveyance environmental survey may be the best way to minimize environmental liability and subsequent costs of cleanup and damages in court-ordered remediation.« less

  8. Legal consequences of standard setting for competitive athletes with cardiovascular abnormalities.

    PubMed

    Weistart, J C

    1985-12-01

    This paper addresses the issue of whether establishing consensus standards for the treatment of particular medical conditions increases a physician's exposure to legal liability. The conclusion reached is that the legal effects of standard setting, rather than representing a significant threat of liability, should be seen as beneficial to the medical profession. A fundamental point is that the legal test for liability is entirely dependent on the medical profession's definition of what constitutes adequate care. The law incorporates the standard of care defined by the medical profession and does not impose an external norm. In the absence of formally stated standards, the process of defining relevant medical criteria will involve a great deal of uncertainty. Outcomes of legal contests will be affected by such extraneous factors as the relative experience of the lawyers involved, their access to knowledgeable expert witnesses, and their strategic decisions made with respect to tactics and procedures. Establishment of formal standards has the salutory effect of limiting the influence of these factors and thus reducing the randomness of the results reached. Formal standards also have the advantage of being easily replicated in unrelated proceedings and thereby contribute to the development of a consistent, evenly applied rule of liability. Finally, even if formal standards are either more, or less, progressive than the actual state of medical practice, there is relatively little risk that they will produce untoward results.

  9. Jurisdiction and applicable law in cases of damage from space in Europe—The advent of the most suitable choice—Rome II

    NASA Astrophysics Data System (ADS)

    Smith, Lesley Jane; Doldirina, Catherine

    2010-01-01

    Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities were not the main focus of the Regulation but may well turn out to be an interesting spin-off. The Regulation prescribes general rules that will determine the law applicable to damage scenarios where more than one legal system applies. It is important for trans-national tort cases in that it does not limit the rules of applicable law to EU Member States only. This paper focuses on the common rules applicable to damage actions based on torts or other non-contractual obligations as they apply to damage caused by space activities. After an assessment of the relevant international and national law norms, the impact of the Rome II Regulation will be addressed.

  10. First responder and physician liability during an emergency.

    PubMed

    Eddy, Amanda

    2013-01-01

    First responders, especially emergency medical technicians and paramedics, along with physicians, will be expected to render care during a mass casualty event. It is highly likely that these medical first responders and physicians will be rendering care in suboptimal conditions due to the mass casualty event. Furthermore, these individuals are expected to shift their focus from individually based care to community- or population-based care when assisting disaster response. As a result, patients may feel they have not received adequate care and may seek to hold the medical first responder or physician liable, even if they did everything they could given the emergency circumstances. Therefore, it is important to protect medical first responders and physicians rendering care during a mass casualty event so that their efforts are not unnecessarily impeded by concerns about civil liability. In this article, the author looks at the standard of care for medical first responders and physicians and describes the current framework of laws limiting liability for these persons during an emergency. The author concludes that the standard of care and current laws fail to offer adequate liability protection for medical first responders and physicians, especially those in the private sector, and recommends that states adopt clear laws offering liability protection for all medical first responders and physicians who render assistance during a mass casualty event.

  11. An assessment of public attitudes toward automated external defibrillators.

    PubMed

    Lubin, Jeffrey; Chung, S Sujin; Williams, Kenneth

    2004-07-01

    We assessed the familiarity of the general public with automated external defibrillators (AEDs) and their willingness to use them. Shoppers were asked to complete a survey in an AED-equipped suburban shopping mall. 359 surveys were analyzed. Of the participants, 11% were healthcare professionals, 51% had training in CPR or first aid, and 44% had no medical training. Sixty percent were able to define defibrillator adequately. Seventy-one percent stated they would be likely to use an AED to resuscitate a stranger. The most common concerns were fear of using the machine incorrectly (57%) and fear of legal liability (38%). After being told of liability protection from the federal Cardiac Arrest Survival Act, 84% stated they would be likely to use the AED. This increased further to 91% if the participants were given an opportunity to receive training. Although a substantial number of people in this setting were willing to use an AED, education regarding legal liability and proper use of the machines increased the reported likelihood of use. Further public education may be necessary to provide optimally effective public access defibrillation programs.

  12. Accidental death and the rule of joint and several liability

    PubMed Central

    Carvell, Daniel; Currie, Janet; MacLeod, W. Bentley

    2013-01-01

    Most U.S. states have enacted JSL reform, the move from a regime of joint and several liability (JSL) that allows plaintiffs to claim full recovery from any one of multiple defendants to one where defendants are held liable only for the harm they cause. Contrary to previous theoretical work, we show that JSL reform can increase precaution by judgment proof agent by giving “deep pockets” an incentive to reduce their own liability by bringing judgment-proof agents into court. This result can help explain our empirical findings showing that JSL reform reduces death rates (and hence increase precaution) for many types of accidents. Together, these results highlight the role that litigation costs and judgment-proof agents play in the functioning of the American tort system. PMID:25076808

  13. Liability Insurance Availability (Part 1). Hearings before the Subcommittee on Commerce, Transportation, and Tourism of the Committee on Energy and Commerce. House of Representatives, Ninety-Ninth Congress (September 19, 1985, February 4 and 20, and March 19, 1986).

    ERIC Educational Resources Information Center

    Congress of the U.S., Washington, DC. House Committee on Energy and Commerce.

    This document presents the texts of four Congressional hearings held in September of 1985 and February and March of 1986 to investigate the effects and the causes of the critical shortage of liability insurance in the United States. The first hearing examines the dimensions of the problem and offers insights into why objectives of having an…

  14. Risk, liability, and economic issues with long-term CO2 storage—A review

    USGS Publications Warehouse

    Anderson, Steven T.

    2017-01-01

    Given a scarcity of commercial-scale carbon capture and storage (CCS) projects, there is a great deal of uncertainty in the risks, liability, and their cost implications for geologic storage of carbon dioxide (CO2). The probabilities of leakage and the risk of induced seismicity could be remote, but the volume of geologic CO2 storage (GCS) projected to be necessary to have a significant impact on increasing CO2 concentrations in the atmosphere is far greater than the volumes of CO2 injected thus far. National-level estimates of the technically accessible CO2storage resource (TASR) onshore in the United States are on the order of thousands of gigatons of CO2 storage capacity, but such estimates generally assume away any pressure management issues. Pressure buildup in the storage reservoir is expected to be a primary source of risk associated with CO2 storage, and only a fraction of the theoretical TASR could be available unless the storage operator extracts the saltwater brines or other formation fluids that are already present in the geologic pore space targeted for CO2 storage. Institutions, legislation, and processes to manage the risk, liability, and economic issues with CO2 storage in the United States are beginning to emerge, but will need to progress further in order to allow a commercial-scale CO2 storage industry to develop in the country. The combination of economic tradeoffs, property rights definitions, liability issues, and risk considerations suggests that CO2 storage offshore of the United States may be more feasible than onshore, especially during the current (early) stages of industry development.

  15. Public School District Immunity Status in the United States.

    ERIC Educational Resources Information Center

    Kemper Insurance Group, Chicago, IL.

    This paper compiles results of a State-by-State survey of public school district immunity. The survey sought to discover if (1) school districts in each State have governmental immunity for liability, (2) this immunity applies only to governmental activities or to proprietary activities also, (3) board members and employees have immunity, (4) the…

  16. Defensive Medicine in U.S. Spine Neurosurgery.

    PubMed

    Din, Ryan S; Yan, Sandra C; Cote, David J; Acosta, Michael A; Smith, Timothy R

    2017-02-01

    Observational cross-sectional survey. To compare defensive practices of U.S. spine and nonspine neurosurgeons in the context of state medical liability risk. Defensive medicine is a commonly reported and costly phenomenon in neurosurgery. Although state liability risk is thought to contribute greatly to defensive practice, variation within neurosurgical specialties has not been well explored. A validated, online survey was sent via email to 3344 members of the American Board of Neurological Surgeons. The instrument contained eight question domains: surgeon characteristics, patient characteristics, practice type, insurance type, surgeon liability profile, basic surgeon reimbursement, surgeon perceptions of medical legal environment, and the practice of defensive medicine. The overall response rate was 30.6% (n = 1026), including 499 neurosurgeons performing mainly spine procedures (48.6%). Spine neurosurgeons had a similar average practice duration as nonspine neurosurgeons (16.6 vs 16.9 years, P = 0.64) and comparable lifetime case volume (4767 vs 4,703, P = 0.71). The average annual malpractice premium for spine neurosurgeons was similar to nonspine neurosurgeons ($104,480.52 vs $101,721.76, P = 0.60). On average, spine neurosurgeons had a significantly higher rate of ordering labs, medications, referrals, procedures, and imaging solely for liability concerns compared with nonspine neurosurgeons (89.2% vs 84.6%, P = 0.031). Multivariate analysis revealed that spine neurosurgeons were roughly 3 times more likely to practice defensively compared with nonspine neurosurgeons (odds ratio, OR = 2.9, P = 0.001) when controlling for high-risk procedures (OR = 7.8, P < 0.001), annual malpractice premium (OR = 3.3, P = 0.01), percentage of patients publicly insured (OR = 1.1, P = 0.80), malpractice claims in the last 3 years (OR = 1.13, P = 0.71), and state medical-legal environment (OR = 1.3, P = 0.37). State-based medical legal environment is not a significant driver of increased defensive medicine associated with neurosurgical spine procedures. 3.

  17. Caps on malpractice awards: update.

    PubMed

    Allen, B L; Fischer, J E

    1999-06-01

    Tort reform for professional liability is in the best interests of not only all physicians, but for industry and the citizenry as a whole. The enormous sums of money donated by the Trial Lawyers Association, whose livelihood is at stake, makes initial passage of tort reform difficult and, once passed, brings it under constant attack. Even if a well-disposed legislature passes a professional liability law, state supreme courts are ever ready to invalidate such laws. Thus, once tort reform has been passed, the next battleground is the state supreme court. ACS chapters should be preparing their membership for educating the public as well as themselves as to the danger of a state supreme court comprised of members opposed to tort reform, and be prepared to help the election of those individuals who are more sympathetic to tort reform.

  18. State of the states on brownfields programs for cleanup and reuse of contaminated sites

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

    NONE

    Brownfields consist of land and/or buildings that are abandoned or underutilized where expansion or redevelopment is complicated, in part, because of the threat of known or potential contamination. Federal and state laws governing the treatment of these sites may require remediation (cleanup) of property before redevelopment and can contribute to uncertain liability for property owners or users. Congress, in considering the reauthorization of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly known as Superfund, is interested in the issue of brownfields and in their potential return to productive use. As a result, the House Subcommittee on Commerce, Trademore » and Hazardous Materials of the Committee on Commerce requested the Office of Technology Assessment (OTA) to prepare a background paper on issues surrounding cleanup and redevelopment of brownfields.« less

  19. 7 CFR 275.23 - Determination of State agency program performance.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... judicial review only if a liability amount is established for that fiscal year. Procedures for good cause... amount. However, State agencies may address matters related to good cause in an immediately prior fiscal.... (f) Good cause. When a State agency with otherwise effective administration exceeds the tolerance...

  20. 7 CFR 275.23 - Determination of State agency program performance.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... judicial review only if a liability amount is established for that fiscal year. Procedures for good cause... amount. However, State agencies may address matters related to good cause in an immediately prior fiscal.... (f) Good cause. When a State agency with otherwise effective administration exceeds the tolerance...

  1. 7 CFR 275.23 - Determination of State agency program performance.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... judicial review only if a liability amount is established for that fiscal year. Procedures for good cause... amount. However, State agencies may address matters related to good cause in an immediately prior fiscal.... (f) Good cause. When a State agency with otherwise effective administration exceeds the tolerance...

  2. 48 CFR 1852.228-75 - Minimum insurance coverage.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... performance of this contract: (a) Worker's compensation and employer's liability insurance as required by applicable Federal and state workers' compensation and occupational disease statutes. If occupational... $100,000, except in States with exclusive or monopolistic funds that do not permit workers...

  3. Human abuse liability assessment of oxycodone combined with ultra-low-dose naltrexone.

    PubMed

    Tompkins, David Andrew; Lanier, Ryan K; Harrison, Joseph A; Strain, Eric C; Bigelow, George E

    2010-07-01

    Prescription opioid abuse has risen dramatically in the United States as clinicians have increased opioid prescribing for alleviation of both acute and chronic pain. Opioid analgesics with decreased risk for abuse are needed. Preclinical and clinical studies have shown that opioids combined with ultra-low-dose naltrexone (NTX) may have increased analgesic potency and have suggested reduced abuse or dependence liability. This study addressed whether addition of ultra-low-dose naltrexone might decrease the abuse liability of oxycodone (OXY) in humans. This double-blind, placebo-controlled study systematically examined the subjective and physiological effects of combining oral OXY and ultra-low NTX doses in 14 experienced opioid abusers. Seven acute drug conditions given at least 5 days apart were compared in a within-subject crossover design: placebo, OXY 20 mg, OXY 40 mg, plus each of the active OXY doses combined with 0.0001 and 0.001 mg NTX. The methods were sensitive to detecting opioid effects on abuse liability indices, with significant differences between all OXY conditions and placebo as well as between 20 and 40 mg OXY doses on positive subjective ratings (e.g., "I feel a good drug effect" or "I like the drug"), on observer- and participant-rated opioid agonist effects, and on a drug-versus-money value rating. There were no significant differences or evident trends associated with the addition of either NTX dose on any abuse liability indices. The addition of ultra-low-dose NTX to OXY did not decrease abuse liability of acutely administered OXY in experienced opioid abusers.

  4. Does Medical Malpractice Law Improve Health Care Quality?

    PubMed Central

    Frakes, Michael; Jena, Anupam B.

    2016-01-01

    We assess the potential for medical liability forces to deter medical errors and improve health care treatment quality, identifying liability’s influence by drawing on variations in the manner by which states formulate the negligence standard facing physicians. Using hospital discharge records from the National Hospital Discharge Survey and clinically-validated quality metrics inspired by the Agency for Health Care Research and Quality, we find evidence suggesting that treatment quality may improve upon reforms that expect physicians to adhere to higher quality clinical standards. We do not find evidence, however, suggesting that treatment quality may deteriorate following reforms to liability standards that arguably condone the delivery of lower quality care. Similarly, we do not find evidence of deterioration in health care quality following remedy-focused liability reforms such as caps on non-economic damages awards. PMID:28479642

  5. [Criminal liability in case of medical acts considered to be incompetent: article 6 of the new Italian Law 8 March 2017, n.24].

    PubMed

    Renzulli, Lorenzo

    2017-01-01

    In Italy, Law n. 24 of 8 March 2017, Article 6, introduces in the current criminal code, Article 590 sexies entitled "Medical liability in case of death and personal lesions", which follows article 590 quinquies. The new article states that a healthcare professional who has acted in accordance with guidelines approved by the National Health Institute or, if no such guidelines exist, in accordance with good clinical practices, is not criminally liable in case of death or personal lesions due to actions that could be considered to be incompetent. We discuss criminal liability of health professionals in Italy in light of this new law, and decriminalization in case of adverse event due to incompetence, also in the context of medical care provided by different health professionals.

  6. State Liability for Abuse in Primary Schools: Systemic Failure and "O'Keeffe" v. "Hickey"

    ERIC Educational Resources Information Center

    O'Mahony, Conor

    2009-01-01

    Due to the historical arrangement between Church and State, the Irish State has always discharged its duty to provide for free primary education exclusively through the provision of funding to privately owned and managed schools. Consequently, in "O'Keeffe" v. "Hickey," where a woman sued the State in respect of sex abuse she…

  7. 76 FR 33364 - Notice of Lodging of Two Consent Decrees Under the Comprehensive Environmental Response...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-06-08

    ... Environmental Response, Compensation and Liability Act Notice is hereby given that on June 1, 2011, two proposed consent decrees in United States and State of Nebraska v. Union Pacific Corp., Union Pacific Railway Co... District Court for the District of Nebraska. In that lawsuit, the United States and State of Nebraska seek...

  8. The Use of Prescribed Medication in the Schools: A Status Report on the State Policies and Guidelines.

    ERIC Educational Resources Information Center

    Courtnage, Lee

    1982-01-01

    State departments of health and education were asked to describe state laws, regulations, legal opinions, and guidelines concerning the dispensation of prescription medications to students in school. State laws and policies dealing with liability risks, persons who can give medicines, and drug management procedures are reported. (PP)

  9. 20 CFR 408.1235 - How does the State transfer funds to SSA to administer its recognition payment program?

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... ADMINISTRATION SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS Federal Administration of State Recognition... end of each calendar month, SSA will provide the State with a statement showing, cumulatively, the... charged by SSA to administer such recognition payments; the State's total liability; and the end-of-month...

  10. 20 CFR 408.1235 - How does the State transfer funds to SSA to administer its recognition payment program?

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... ADMINISTRATION SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS Federal Administration of State Recognition... end of each calendar month, SSA will provide the State with a statement showing, cumulatively, the... charged by SSA to administer such recognition payments; the State's total liability; and the end-of-month...

  11. 20 CFR 408.1235 - How does the State transfer funds to SSA to administer its recognition payment program?

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... ADMINISTRATION SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS Federal Administration of State Recognition... end of each calendar month, SSA will provide the State with a statement showing, cumulatively, the... charged by SSA to administer such recognition payments; the State's total liability; and the end-of-month...

  12. 42 CFR 421.316 - Limitation on Medicare integrity program contractor liability.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... services to a MIP contractor is not in violation of any criminal law or civilly liable under any law of the United States or of any State (or political subdivision thereof) by reason of the performance of any duty...

  13. 76 FR 28459 - Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-05-17

    ... Response, Compensation, and Liability Act Notice is hereby given that on May 11, 2011, a proposed Consent Decree (the ``Decree'') in United States v. Alsol Corporation, SB Building Associates, Limited Partnership, SB Building GP, L.L.C., United States Land Resources, L.P., United States Realty Resources, Inc...

  14. The OSHA Communication Standard and State Right-to-Know Laws.

    ERIC Educational Resources Information Center

    Roll, Michalene H.

    1990-01-01

    As a result of a 1988 federal appellate court mandate, schools and colleges in 24 states and 2 territories with OSHA-approved state plans must inform their employees about hazardous chemicals to which they may be exposed. School administrators should implement a responsible program meeting regulatory compliance, tort liability, and public…

  15. 7 CFR 1400.204 - Limited partnerships, limited liability partnerships, limited liability companies, corporations...

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Limited partnerships, limited liability partnerships..., limited liability partnerships, limited liability companies, corporations, and other similar legal entities. (a) A limited partnership, limited liability partnership, limited liability company, corporation...

  16. Increasing Liability Premiums in Obstetrics - Analysis, Effects and Options.

    PubMed

    Soergel, P; Schöffski, O; Hillemanns, P; Hille-Betz, U; Kundu, S

    2015-04-01

    Whenever people act, mistakes are made. In Germany, it is thought that a total of 40 000 cases of malpractice occur per year. In recent years, costs for liability insurance have risen significantly in almost all spheres of medicine as a whole. Liability in the health care sector is founded on the contractual relationship between doctor and patient. Most recently, case law developed over many years has been codified with the Patients' Rights Act. In obstetrics, the focus of liability law is on brain damage caused by hypoxia or ischemia as a result of management errors during birth. The costs per claim are made up of various components together with different shares of damage costs (increased needs, in particular therapy costs and nursing fees, acquisition damage, treatment costs, compensation). In obstetrics in particular, recent focus has been on massively increased liability payments, also accompanied by higher liability premiums. This causes considerable financial burdens on hospitals as well as on midwives and attending physicians. The premiums are so high, especially for midwives and attending physicians, that professional practice becomes uneconomical in some cases. In recent years, these circumstances have also been intensely debated in the public sphere and in politics. However, the focus here is on the occupation of midwife. In 2014, in the GKV-FQWG (Statutory Health Insurance - Quality and Further Development Act), a subsidy towards the occupational liability premium was defined for midwives who only attended a few deliveries. However, to date, a complete solution to the problem has not been found. A birth will never be a fully controllable risk, but in rare cases will always end with injury to the child. The goal must be to minimise this risk, through good education and continuous training, as well as constant critical analysis of one's own activities. Furthermore, it seems sensible, especially in non-clinical Obstetrics, to look at the current study data more closely. Among the many solutions which have been proposed, such as the development of quality management, risk management and prevention, better remuneration, a waiver on recourse claims by social insurance underwriters, a cap on damage costs of liability insurers, state liability, an indemnity fund, a system change to Medical Treatment Risk Insurance, as well as a discussion on whether or not it makes sense to use non-clinical obstetrics for the prevention of a further increase in premiums, not one stands out as being especially convincing. On the contrary, a meaningful coordination of various concepts should follow. What seems sensible is a higher remuneration per birth, taking into account the liability premiums as well as, in the medium term, the establishment of a liability fund which, from a certain limit upwards, steps in as liable third party.

  17. Increasing Liability Premiums in Obstetrics – Analysis, Effects and Options

    PubMed Central

    Soergel, P.; Schöffski, O.; Hillemanns, P.; Hille-Betz, U.; Kundu, S.

    2015-01-01

    Whenever people act, mistakes are made. In Germany, it is thought that a total of 40 000 cases of malpractice occur per year. In recent years, costs for liability insurance have risen significantly in almost all spheres of medicine as a whole. Liability in the health care sector is founded on the contractual relationship between doctor and patient. Most recently, case law developed over many years has been codified with the Patientsʼ Rights Act. In obstetrics, the focus of liability law is on brain damage caused by hypoxia or ischemia as a result of management errors during birth. The costs per claim are made up of various components together with different shares of damage costs (increased needs, in particular therapy costs and nursing fees, acquisition damage, treatment costs, compensation). In obstetrics in particular, recent focus has been on massively increased liability payments, also accompanied by higher liability premiums. This causes considerable financial burdens on hospitals as well as on midwives and attending physicians. The premiums are so high, especially for midwives and attending physicians, that professional practice becomes uneconomical in some cases. In recent years, these circumstances have also been intensely debated in the public sphere and in politics. However, the focus here is on the occupation of midwife. In 2014, in the GKV-FQWG (Statutory Health Insurance – Quality and Further Development Act), a subsidy towards the occupational liability premium was defined for midwives who only attended a few deliveries. However, to date, a complete solution to the problem has not been found. A birth will never be a fully controllable risk, but in rare cases will always end with injury to the child. The goal must be to minimise this risk, through good education and continuous training, as well as constant critical analysis of oneʼs own activities. Furthermore, it seems sensible, especially in non-clinical Obstetrics, to look at the current study data more closely. Among the many solutions which have been proposed, such as the development of quality management, risk management and prevention, better remuneration, a waiver on recourse claims by social insurance underwriters, a cap on damage costs of liability insurers, state liability, an indemnity fund, a system change to Medical Treatment Risk Insurance, as well as a discussion on whether or not it makes sense to use non-clinical obstetrics for the prevention of a further increase in premiums, not one stands out as being especially convincing. On the contrary, a meaningful coordination of various concepts should follow. What seems sensible is a higher remuneration per birth, taking into account the liability premiums as well as, in the medium term, the establishment of a liability fund which, from a certain limit upwards, steps in as liable third party. PMID:26028694

  18. 48 CFR 1352.228-70 - Insurance coverage.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability...

  19. The Fukushima Nuclear Power Station incident and marine pollution.

    PubMed

    Chang, Yen-Chiang; Zhao, Yue

    2012-05-01

    Based on the facts relating to the radioactive wastewater discharged by the Fukushima Nuclear Power Station in Japan, this paper intends to explore the international legal obligations for Japan from three perspectives, namely, the immediate notification, the prevention of transboundary harm and the prevention of dumping. Furthermore, this article defines and compares two types of international legal liabilities, the traditional state responsibility and the responsibility for transboundary harm. Through comparison, the international legal liability of Japan is discussed. After detailed analysis, the conclusion is that Japan should be responsible for the obligation of immediate notification and since Japan unilaterally discharge the wastes without prior specific permits of other contracting countries, it should also be responsible for the violation of prevention of dumping. Since so far, no material injury has emerged and there would appear to be no culpability as regards the prevention of transboundary harm. Finally, this paper stresses the necessity to develop a worldwide agreement concerning the liability for transboundary harm and to establish an institutional framework for the enforcement of a state's obligations, and also the great significance of international cooperation between nations and organisations in relation to marine environmental protection. Copyright © 2012 Elsevier Ltd. All rights reserved.

  20. 7 CFR 276.6 - Good cause.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Regulations of the Department of Agriculture (Continued) FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE FOOD STAMP AND FOOD DISTRIBUTION PROGRAM STATE AGENCY LIABILITIES AND FEDERAL SANCTIONS § 276.6 Good... affect Program operations; (2) Strikes by State agency staff; (3) Change in the Food Stamp Program or...

  1. Prioritizing Safety with Seat Belts: The Unanswered Question.

    ERIC Educational Resources Information Center

    Farrell, Elaine

    1987-01-01

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

  2. 78 FR 1214 - Agency Information Collection Activities: Proposed Collection: Comment Request

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-01-08

    ... of incompetent health care practitioners, providers, or suppliers to move from state to state without... findings of liability have been made) taken against health care practitioners, providers, or suppliers by... DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency...

  3. Co-prescribing naloxone does not increase liability risk.

    PubMed

    Davis, Corey S; Burris, Scott; Beletsky, Leo; Binswanger, Ingrid

    2016-01-01

    The opioid overdose epidemic claims the lives of tens of thousands of Americans every year. Opioid overdose is reversible by the administration of naloxone, a pure antagonist now available in formulations specifically designed and labeled for layperson use. Despite broad support for layperson access to naloxone from professional organizations, health officials, and clinical experts, qualitative studies suggest that some providers have concerns about legal risks associated with naloxone prescribing, particularly co-prescribing naloxone to pain patients. Such concerns are unfounded. The legal risk associated with prescribing naloxone is no higher than that associated with any other medication and is lower than many. Additionally, laws in a majority of states provide explicit legal protections for providers who prescribe or dispense naloxone, in many cases extending this protection to prescriptions issued to friends, family members, and others. In this large and increasing number of states, the liability risk of prescribing or dispensing naloxone in good faith to a patient at risk of overdose (or, in states where such prescribing is permitted, to an associate of such a patient) is either extremely low or absent entirely. Where a prescriber determines, in his or her clinical judgment, that a patient is at risk of overdose, co-prescribing naloxone is a reasonable and prudent clinical and legal decision. No clinician should fail or refuse to issue such a prescription based on liability concerns.

  4. Legal. Legal experiments.

    PubMed

    Haugh, Richard

    2005-07-01

    As congress debates med-mal fixes, states are once again proving to be laboratories for reform. Legislators and providers are looking for innovative ways to curb the rising costs of liability insurance.

  5. 30 CFR 875.19 - Limited liability.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... of gross negligence or intentional misconduct by the State or Indian tribe. For purposes of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence or intentional...

  6. Analysis of Your Professional Liability Insurance Policy

    PubMed Central

    Sadusk, Joseph F.; Hassard, Howard; Waterson, Rollen

    1958-01-01

    The most important lessons for the physician to learn in regard to his professional liability insurance coverage are the following: 1. The physician should carefully read his professional liability policy and should secure the educated aid of his attorney and his insurance broker, if they are conversant with this field. 2. He should particularly read the definition of coverage and carefully survey the exclusion clauses which may deny him coverage under certain circumstances. 3. If the physician is in partnership or in a group, he should be certain that he has contingent partnership coverage. 4. The physician should accept coverage only from an insurance carrier of sufficient size and stability that he can be sure his coverage will be guaranteed for “latent liability” claims as the years go along—certainly for his lifetime. 5. The insurance carrier offering the professional liability policy should be prepared to offer coverages up to at least $100,000/$300,000. 6. The physician should be assured that the insurance carrier has claims-handling personnel and legal counsel who are experienced and expert in the professional liability field and who are locally available for service. 7. The physician is best protected by a local or state group program, next best by a national group program, and last, by individual coverage. 8. The physician should look with suspicion on a cancellation clause in which his policy may be summarily cancelled on brief notice. 9. The physician should not buy professional liability insurance on the basis of price alone; adequacy of coverage and service and a good insurance company for his protection should be the deciding factors. PMID:13489519

  7. 30 CFR 874.15 - Limited liability.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... negligence or intentional misconduct by the State or Indian tribe. For purposes of this section, reckless, willful, or wanton misconduct shall constitute gross negligence or intentional misconduct. [59 FR 28172...

  8. Can I be sued for that? Liability risk and the disclosure of clinically significant genetic research findings

    PubMed Central

    McGuire, Amy L.; Knoppers, Bartha Maria; Zawati, Ma’n H.; Clayton, Ellen Wright

    2014-01-01

    Genomic researchers increasingly are faced with difficult decisions about whether, under what circumstances, and how to return research results and significant incidental findings to study participants. Many have argued that there is an ethical—maybe even a legal—obligation to disclose significant findings under some circumstances. At the international level, over the last decade there has begun to emerge a clear legal obligation to return significant findings discovered during the course of research. However, there is no explicit legal duty to disclose in the United States. This creates legal uncertainty that may lead to unmanaged variation in practice and poor quality care. This article discusses liability risks associated with the disclosure of significant research findings for investigators in the United States. PMID:24676095

  9. Globalisation, environmental harm, and progress: the role of consensus and liability.

    PubMed

    Zandvoort, H

    2005-01-01

    Two conditions are stated that must be fulfilled to make sure that the negative effects of environmental pollution and risks stemming from the spread of free markets and technology do not outweigh the beneficial effects of this development. (1) For all activities, all those who may experience the negative effects of the activities must have given their consent to the activities and the conditions under which they are performed. (2) Those who engage in activities without this consent must be held to unlimited and unconditional liability for the negative effects that the activities may cause for those who did not give their consent. These conditions are necessary principles for the responsible management of environmental harm and risks. If the conditions are not satisfied, then the belief that the global spread of free markets and technology is beneficial for all, or does not harm anyone, cannot be justified. Neither of the conditions is fulfilled at present. This is illustrated using examples drawn from international legislation regarding liability for oil transportation, energy production, genetically modified organisms and chemicals in the environment. Directions for improving existing liability legislation are identified. The relationship between the conditions and the precautionary principle is explained.

  10. Disclosure, Apology, and Offer Programs: Stakeholders' Views of Barriers to and Strategies for Broad Implementation

    PubMed Central

    Bell, Sigall K; Smulowitz, Peter B; Woodward, Alan C; Mello, Michelle M; Duva, Anjali Mitter; Boothman, Richard C; Sands, Kenneth

    2012-01-01

    Context The Disclosure, Apology, and Offer (DA&O) model, a response to patient injuries caused by medical care, is an innovative approach receiving national attention for its early success as an alternative to the existing inherently adversarial, inefficient, and inequitable medical liability system. Examples of DA&O programs, however, are few. Methods Through key informant interviews, we investigated the potential for more widespread implementation of this model by provider organizations and liability insurers, defining barriers to implementation and strategies for overcoming them. Our study focused on Massachusetts, but we also explored themes that are broadly generalizable to other states. Findings We found strong support for the DA&O model among key stakeholders, who cited its benefits for both the liability system and patient safety. The respondents did not perceive any insurmountable barriers to broad implementation, and they identified strategies that could be pursued relatively quickly. Such solutions would permit a range of organizations to implement the model without legislative hurdles. Conclusions Although more data are needed about the outcomes of DA&O programs, the model holds considerable promise for transforming the current approach to medical liability and patient safety. PMID:23216427

  11. Disclosure, apology, and offer programs: stakeholders' views of barriers to and strategies for broad implementation.

    PubMed

    Bell, Sigall K; Smulowitz, Peter B; Woodward, Alan C; Mello, Michelle M; Duva, Anjali Mitter; Boothman, Richard C; Sands, Kenneth

    2012-12-01

    The Disclosure, Apology, and Offer (DA&O) model, a response to patient injuries caused by medical care, is an innovative approach receiving national attention for its early success as an alternative to the existing inherently adversarial, inefficient, and inequitable medical liability system. Examples of DA&O programs, however, are few. Through key informant interviews, we investigated the potential for more widespread implementation of this model by provider organizations and liability insurers, defining barriers to implementation and strategies for overcoming them. Our study focused on Massachusetts, but we also explored themes that are broadly generalizable to other states. We found strong support for the DA&O model among key stakeholders, who cited its benefits for both the liability system and patient safety. The respondents did not perceive any insurmountable barriers to broad implementation, and they identified strategies that could be pursued relatively quickly. Such solutions would permit a range of organizations to implement the model without legislative hurdles. Although more data are needed about the outcomes of DA&O programs, the model holds considerable promise for transforming the current approach to medical liability and patient safety. © 2012 Milbank Memorial Fund.

  12. 32 CFR 750.25 - Scope of liability.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... not cognizable under the FTCA. They include: (i) Claims based on the exercise or performance of, or the failure to exercise or perform, a discretionary Government function; (ii) Admiralty claims under... the United States incurred incident to military service or duty. Compare United States v. Johnson, 481...

  13. 78 FR 11682 - Notice of Lodging of Proposed Settlement Under the Clean Air Act

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-02-19

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

  14. Legal Considerations Regarding Merit Pay Systems.

    ERIC Educational Resources Information Center

    Twomey, Rosemarie Feuerbach

    This paper examines how a merit-pay award may lead to employer liability under the following types of laws: constitutional (federal and state); federal and state statutory law; and the common or case law handed down by the federal and state court judges. First, several court decisions are presented to indicate the status of the law as it is likely…

  15. 42 CFR 433.145 - Assignment of rights to benefits-State plan requirements.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 42 Public Health 4 2013-10-01 2013-10-01 false Assignment of rights to benefits-State plan... Liability Assignment of Rights to Benefits § 433.145 Assignment of rights to benefits—State plan... beneficiary is required to: (1) Assign to the Medicaid agency his or her rights, or the rights of any other...

  16. 42 CFR 433.145 - Assignment of rights to benefits-State plan requirements.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 42 Public Health 4 2011-10-01 2011-10-01 false Assignment of rights to benefits-State plan... Liability Assignment of Rights to Benefits § 433.145 Assignment of rights to benefits—State plan... recipient is required to: (1) Assign to the Medicaid agency his or her rights, or the rights of any other...

  17. 42 CFR 433.145 - Assignment of rights to benefits-State plan requirements.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 42 Public Health 4 2014-10-01 2014-10-01 false Assignment of rights to benefits-State plan... Liability Assignment of Rights to Benefits § 433.145 Assignment of rights to benefits—State plan... beneficiary is required to: (1) Assign to the Medicaid agency his or her rights, or the rights of any other...

  18. 42 CFR 433.145 - Assignment of rights to benefits-State plan requirements.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 4 2012-10-01 2012-10-01 false Assignment of rights to benefits-State plan... Liability Assignment of Rights to Benefits § 433.145 Assignment of rights to benefits—State plan... beneficiary is required to: (1) Assign to the Medicaid agency his or her rights, or the rights of any other...

  19. 42 CFR 433.145 - Assignment of rights to benefits-State plan requirements.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Assignment of rights to benefits-State plan... Liability Assignment of Rights to Benefits § 433.145 Assignment of rights to benefits—State plan... recipient is required to: (1) Assign to the Medicaid agency his or her rights, or the rights of any other...

  20. 48 CFR 852.228-71 - Indemnification and insurance.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... negligence or alleged negligence of the Government, its officers, agents, servants, and employees, shall not... liability coverage will conform to applicable State law requirements for the service contemplated, whereas...

  1. 75 FR 12559 - Statement of Organization, Functions and Delegations of Authority

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-03-16

    ... National, State and local professional organizations to promote quality assurance efforts and deter fraud... publishes State Board compliance reports; (3) conducts audits to ensure validity of data in the banks; (4) develops programs of research on trends in data, quality assurance, risk management, medical liability and...

  2. 29 CFR 1608.8 - Adherence to court order.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... United States District Court or other court of competent jurisdiction, whether entered by consent or after contested litigation, in a case brought to enforce a Federal, State, or local equal employment... taken pursuant to the direction of a Court Order cannot give rise to liability under title VII. ...

  3. 29 CFR 1608.8 - Adherence to court order.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... United States District Court or other court of competent jurisdiction, whether entered by consent or after contested litigation, in a case brought to enforce a Federal, State, or local equal employment... taken pursuant to the direction of a Court Order cannot give rise to liability under title VII. ...

  4. Technical Documentation and Legal Liability.

    ERIC Educational Resources Information Center

    Caher, John M.

    1995-01-01

    States that litigation over the interpretation and sufficiency of technical documentation is increasingly common as a number of suits have been filed in state and federal courts. Describes the case of "Martin versus Hacker," a recent case in which New York's highest court analyzed a technical writer's prose in the context of a lawsuit…

  5. 76 FR 6757 - Submission for OMB Review; Comment Request

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-02-08

    ... agency may not conduct or sponsor a collection of information unless the collection of information... of other problems in the issuance of Program benefits that are not liabilities of the State agency but are indicators of administrative problems. The FNS-46 report enables State agencies to identify...

  6. 24 CFR 203.208 - Insurance backing criteria.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... market such insurance coverage by the proper regulatory agency in each State in which the Plan will operate. Any company operating under the Product Liability Risk Retention Act of 1981, as amended, will be regarded as having met licensing, filing, and approval requirements of all States, but must first...

  7. 40 CFR 35.2300 - Grant payments.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... ASSISTANCE Grants for Construction of Treatment Works § 35.2300 Grant payments. Except as provided in § 35... States, its officers, agents, and employees from all liabilities, obligations, and claims arising out of... State shall provide a copy of the agreement to EPA. (f) Design/build projects. For design/build projects...

  8. 40 CFR 35.2300 - Grant payments.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... ASSISTANCE Grants for Construction of Treatment Works § 35.2300 Grant payments. Except as provided in § 35... States, its officers, agents, and employees from all liabilities, obligations, and claims arising out of... State shall provide a copy of the agreement to EPA. (f) Design/build projects. For design/build projects...

  9. 40 CFR 35.2300 - Grant payments.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... ASSISTANCE Grants for Construction of Treatment Works § 35.2300 Grant payments. Except as provided in § 35... States, its officers, agents, and employees from all liabilities, obligations, and claims arising out of... State shall provide a copy of the agreement to EPA. (f) Design/build projects. For design/build projects...

  10. 40 CFR 35.2300 - Grant payments.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... ASSISTANCE Grants for Construction of Treatment Works § 35.2300 Grant payments. Except as provided in § 35... States, its officers, agents, and employees from all liabilities, obligations, and claims arising out of... State shall provide a copy of the agreement to EPA. (f) Design/build projects. For design/build projects...

  11. 40 CFR 35.2300 - Grant payments.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... ASSISTANCE Grants for Construction of Treatment Works § 35.2300 Grant payments. Except as provided in § 35... States, its officers, agents, and employees from all liabilities, obligations, and claims arising out of... State shall provide a copy of the agreement to EPA. (f) Design/build projects. For design/build projects...

  12. Science Teaching and the Law.

    ERIC Educational Resources Information Center

    Brown, Billye W.; Brown, Walter R.

    This book aims to inform science teachers of their legal rights and responsibilities. The roles of various federal, state and local authorities in educational legislation are described. The teacher's liability for student safety and for implementing the curriculum as prescribed by state and local regulation is defined, and suggestions are made for…

  13. 40 CFR 282.93 - Texas State-Administered Program.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ....) § 26.3515Limits on Liability of Corporate Fiduciary (Insofar as it applies to aboveground storage tanks... of Registration § 334.459Continuing Education Requirements for Corrective Action Project Managers...

  14. Liability for wrongful terminations: are hospitals at risk?

    PubMed

    Hames, D S

    1991-01-01

    This article examines the extent to which the three principal exceptions to the common-law doctrine of employment-at-will--namely the public policy, implied contract, and good faith and fair dealing exceptions--have been recognized in hospital termination cases. State supreme court and appellate court cases are analyzed to illustrate the type of conduct that precipitated wrongful termination claims against hospitals during the 1980s, how the courts disposed of these claims, and the rationale underlying their decisions. Suggestions, based on these and related cases, for avoiding or at least minimizing liability for wrongfully terminating hospital employees, are presented.

  15. 45 CFR 261.80 - How do existing welfare reform waivers affect a State's penalty liability under this part?

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES ENSURING THAT RECIPIENTS WORK How Do Welfare Reform Waivers Affect State Penalties? § 261.80 How do existing welfare reform waivers affect a State's penalty... 45 Public Welfare 2 2010-10-01 2010-10-01 false How do existing welfare reform waivers affect a...

  16. The legal environment for forestry prescribed burning in the South: regulatory programs and voluntary guidelines

    Treesearch

    Terry K. Haines; David A. Cleaves

    1999-01-01

    Southern States vary widely in their approaches to regulation and liability protection for prescribed burning. Most State air quality laws exempt prescribed burning from many open burning rules; however, monetary penalties are established for the rules that do apply. Forest protection laws address escaped fire and require permits or notification in all but two States....

  17. The Little Engine That Hasn't: The Poor Performance of Employer Tax Credits for Child Care.

    ERIC Educational Resources Information Center

    FitzPatrick, Christina Smith; Campbell, Nancy Duff

    An increasingly popular approach to addressing child care needs of Americas families is to give state tax credits to employers that provide child care assistance to their employees, thereby permitting the employer to offset part of its child care expenditures against its state tax liability. Currently, 28 states have such tax credits, and a…

  18. 7 CFR 930.85 - Effect of termination or amendment.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN... any right, duty, obligation, or liability which shall have risen or which may thereafter arise in...

  19. 7 CFR 930.85 - Effect of termination or amendment.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN... any right, duty, obligation, or liability which shall have risen or which may thereafter arise in...

  20. 36 CFR 14.9 - Terms and conditions.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... employees of the contractors, and to indemnify the United States against any liability for damages to life..., or national origin and shall require an identical provision to be included in all subcontracts. (l...

  1. 7 CFR 276.2 - State agency liabilities.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ...., errors by the personnel of issuance offices in the counting of coupon books); (iv) Coupons lost in... household's account, benefits drawn from an EBT account after the household has reported that the EBT card...

  2. 18 CFR 154.305 - Tax normalization.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... State (including franchise taxes). (4) Income tax component means that part of the cost-of-service that... deferred taxes becomes deficient in, or in excess of, amounts necessary to meet future tax liabilities. (2...

  3. The Texas space flight liability act and efficient regulation for the private commercial space flight era

    NASA Astrophysics Data System (ADS)

    Johnson, Christopher D.

    2013-12-01

    In the spring of 2011, the American state of Texas passed into law an act limiting the liability of commercial space flight entities. Under it, those companies would not be liable for space flight participant injuries, except in cases of intentional injury or injury proximately caused by the company's gross negligence. An analysis within the framework of international and national space law, but especially informed by the academic discipline of law and economics, discusses the incentives of all relevant parties and attempts to understand whether the law is economically "efficient" (allocating resources so as to yield maximum utility), and suited to further the development of the fledgling commercial suborbital tourism industry. Insights into the Texas law are applicable to other states hoping to foster commercial space tourism and considering space tourism related legislation.

  4. Environmental due diligence within multinational corporations

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

    MacLean, R.

    1997-08-01

    Superfund and other state and federal regulations that emerged during the 80`s dramatically changed the way corporations managed property transactions. At the beginning of that decade there were very few engineers experienced in environmental due diligence. Over the past 15 years a sophisticated consulting industry has emerged to support companies in their effort to minimize liabilities associated with contaminated property. There is now a wealth of published literature on environmental due diligence, including generally accepted standards for investigating property contamination from organizations such as ASTM. This paper examines the current state of environmental due diligence among multinationals. It presents themore » underlying reasons for the current ad hoc nature of due diligence investigations and what companies can do to improve their policies and communication networks. A summary is given of the best practices used by industry leaders to minimize liabilities.« less

  5. INFORMED CONSENT: THE MEDICAL AND LEGAL CHALLENGE OF OUR TIME

    PubMed Central

    Séllos Simões, Luiz Carlos

    2015-01-01

    Objective: To assess the real importance of obtaining informed consent, through an appropriate form, and its role in the outcome from civil liability claims. Methods: The wordings of the current Brazilian law and jurisprudence were compared with rulings from the State Court of the State of Rio de Janeiro, in 269 civil liability claims against healthcare professionals and hospitals. Results: Favorable and unfavorable outcomes (i.e. acquittals and convictions) were compared, and possible variations in the verdicts were discussed in relation to whether informed consent forms had been filled out or not. Conclusions: Obtaining informed consent, by means of appropriate forms, is still not a widespread practice in the Brazilian healthcare or judicial systems. It is recommended that this practice be adopted in the manner described in this paper, since this is prescribed in Brazilian law. PMID:27022541

  6. Prospective environmental restoration/ restoration up front: a concept for an incentive-based program to increase restoration planning and implementation in the United States.

    PubMed

    Stahl, Ralph G; Gouguet, Ron; DeSantis, Amanda; Liu, Jenny; Ammann, Michael

    2008-01-01

    This article describes a concept variously termed prospective environmental restoration, restoration up front, or restoration banking. Briefly, the concept centers on the ability of an entity, public or private, to gain durable credits for undertaking proactive restoration activities. Once obtained, these credits can be applied to an existing liability, held in the event of a future liability, or traded or sold to others that might have need for the credits. In the case of a natural resource damage claim or response action, possessing or applying the credits does not negate the need for responsible entities to clean up spills or releases of hazardous substances or oil or to address their clean-up requirements under applicable federal and state statutes. Concepts similar to prospective environmental restoration/restoration up front include wetlands mitigation banking, conservation habitat banking, and emissions trading. Much of the concept and details provided herein stem from the practice of natural resource damage assessment, although that is not the sole driver for the concept. The concept could also apply where the credits could be used to offset other environmental liabilities, for example, to provide habitat mitigation where development is being planned. The authors believe that the concept, if widely applied, could reduce the time and costs associated with restoration and perhaps lead to an increase in voluntary restoration and conservation nationally. Currently, there are no state or federal regulations or policies that directly provide for this approach.

  7. Sovereign immunity: Principles and application in medical malpractice.

    PubMed

    Suk, Michael

    2012-05-01

    Tort law seeks accountability when parties engage in negligent conduct, and aims to compensate the victims of such conduct. An exception to this general rule governing medical negligence is the doctrine of sovereign immunity. Historically, individuals acting under the authority of the government or other sovereign entity had almost complete protection against tort liability. This article addressed the following: (1) the development of sovereign immunity in law, (2) the lasting impact of the Federal Tort Claims Act on sovereign immunity, and (3) the contemporary application of sovereign immunity to medical malpractice, using case examples from Virginia and Florida. I performed an Internet search to identify sources that addressed the concept of sovereign immunity, followed by a focused search for relevant articles in PubMed and LexisNexis, literature databases for medical and legal professionals, respectively. Historically, sovereign liability conferred absolute immunity from lawsuits in favor of the sovereign (ie, the government). Practical considerations in our democratic system have contributed to an evolution of this doctrine. Understanding sovereign immunity and its contemporary application are of value for any physician interested in the debate concerning medical malpractice in the United States. Under certain circumstances, physicians working as employees of the federal or state government may be protected against individual liability if the government is substituted as the defendant.

  8. Compensation for the damages arising from oil spill incidents: Legislation infrastructure and characteristics of the Chinese regime

    NASA Astrophysics Data System (ADS)

    Zhang, Peng; Sun, Ruijun; Ge, Linke; Wang, Zhen; Chen, Hong; Yao, Ziwei

    2014-03-01

    In this paper, the current Chinese regime focusing on the compensation for the environmental damages arising from the seaborne oil spill pollution was introduced, with respect to legislation infrastructure and characteristics. By now, a two-tier compensation regime, consisting of a liability scheme and a fund scheme, has already been established in China through referring to the international conventions and other states' regimes. Although its essential parts were almost identical to those of international conventions, several significant differences exist, including the norms about liability exemption and the third party liability, the fund collection and usage, as well as the amount of the levied contribution and the Special Drawing Right ceiling. With the broadens of the environmental liabilities, the longstanding issues of environmental losses arising from oil pollution have been increasingly involved in intense debates since the international conventions and some states' legislation covered them into the claim scope. A Chinese technical guideline dealing exclusively with the environmental losses was presented in detail; moreover, the differences between this guideline with the US approach were compared with respect to the compensation goals, the calculation methodologies and the compensation pathways. In the past decades, the Chinese authority has successfully settled down some famous major oil spill incidents in courts under its domestic legislation and local regulations, but the arguments on these litigations kept heated, which prompted some eco-economical experts to resolve several issues urgently, such as the compensation scope, the compulsory claim procedures, and the assessment methods of ecological compensation. Hence, some continuous efforts should be taken to explore these solutions, which are truly helpful to satisfy the requirements of the full compensation for the oil pollution damage and the marine environment protection.

  9. Medical liability and health care reform.

    PubMed

    Nelson, Leonard J; Morrisey, Michael A; Becker, David J

    2011-01-01

    We examine the impact of the Affordable Care Act (ACA) on medical liability and the controversy over whether federal medical reform including a damages cap could make a useful contribution to health care reform. By providing guaranteed access to health care insurance at community rates, the ACA could reduce the problem of under-compensation resulting from damages caps. However, it may also exacerbate the problem of under-claiming in the malpractice system, thereby reducing incentives to invest in loss prevention activities. Shifting losses from liability insurers to health insurers could further undermine the already weak deterrent effect of the medical liability system. Republicans in Congress and physician groups both pushed for the adoption of a federal damages cap as part of health care reform. Physician support for damages caps could be explained by concerns about the insurance cycle and the consequent instability of the market. Our own study presented here suggests that there is greater insurance market stability in states with caps on non-economic damages. Republicans in Congress argued that the enactment of damages caps would reduce aggregate health care costs. The Congressional Budget Office included savings from reduced health care utilization in its estimates of cost savings that would result from the enactment of a federal damages cap. But notwithstanding recent opinions offered by the CBO, it is not clear that caps will significantly reduce health care costs or that any savings will be passed on to consumers. The ACA included funding for state level demonstration projects for promising reforms such as offer and disclosure and health courts, but at this time the benefits of these reforms are also uncertain. There is a need for further studies on these issues.

  10. What's the Rush? Tort Laws and Elective Early-term Induction of Labor.

    PubMed

    Roth, Louise Marie

    2016-12-01

    Tort laws aim to deter risky medical practices and increase accountability for harm. This research examines their effects on deterrence of a high-risk obstetric practice in the United States: elective early-term (37-38 weeks gestation) induction of labor. Using birth certificate data from the Natality Detail Files and state-level data from publicly available sources, this study analyzes the effects of tort laws on labor induction with multilevel models (MLM) of 665,491 early-term births nested in states. Results reveal that caps on damages are associated with significantly higher odds of early-term induction and Proportionate Liability (PL) is associated with significantly lower odds compared to Joint and Several Liability (JSL). The findings suggest that clinicians are more likely to engage in practices that defy professional guidelines in tort environments with lower legal burdens. I discuss the implications of the findings for patient safety and the deterrence of high-risk practices. © American Sociological Association 2016.

  11. 50 CFR 29.21-4 - Terms and conditions.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... all damages to the lands or other property of the United States caused by him or by his employees, contractors, or employees of the contractors, and to indemnify the United States against any liability for damages to life, person or property arising from the occupancy or use of the lands under the easement or...

  12. 20 CFR 617.48 - Time and method of payment.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... to the State agency a copy of the bill of lading prepared by the carrier, including a receipt... shall release a carrier from liability otherwise provided by law or contract for loss or damage to the individual's goods and effects. The United States shall not be or become liable to either party for personal...

  13. 20 CFR 617.48 - Time and method of payment.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... to the State agency a copy of the bill of lading prepared by the carrier, including a receipt... shall release a carrier from liability otherwise provided by law or contract for loss or damage to the individual's goods and effects. The United States shall not be or become liable to either party for personal...

  14. 20 CFR 617.48 - Time and method of payment.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... to the State agency a copy of the bill of lading prepared by the carrier, including a receipt... shall release a carrier from liability otherwise provided by law or contract for loss or damage to the individual's goods and effects. The United States shall not be or become liable to either party for personal...

  15. 20 CFR 617.48 - Time and method of payment.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... to the State agency a copy of the bill of lading prepared by the carrier, including a receipt... shall release a carrier from liability otherwise provided by law or contract for loss or damage to the individual's goods and effects. The United States shall not be or become liable to either party for personal...

  16. 20 CFR 617.48 - Time and method of payment.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... to the State agency a copy of the bill of lading prepared by the carrier, including a receipt... shall release a carrier from liability otherwise provided by law or contract for loss or damage to the individual's goods and effects. The United States shall not be or become liable to either party for personal...

  17. Benefit or Burden? On the Intergenerational Inequity of Teacher Pension Plans

    ERIC Educational Resources Information Center

    Backes, Ben; Goldhaber, Dan; Grout, Cyrus; Koedel, Cory; Ni, Shawn; Podgursky, Michael; Xiang, P. Brett; Xu, Zeyu

    2016-01-01

    Most public school teachers in the United States are enrolled in defined benefit (DB) pension plans. Using administrative microdata from four states, combined with national pension funding data, we show these plans have accumulated substantial unfunded liabilities--effectively debt--owing to previous plan operations. On average across 49 state…

  18. Catalog of Reports, Decisions and Opinions, Testimonies and Speeches, GAO Documents 113171-113401. Volume 5. Number 10.

    DTIC Science & Technology

    1980-10-01

    the various medical centers transmute such liability to the Government. The agency spent must be critically examined to determine whether they can...edu- pational hazards, sexual harassment, and working mothers. cation exist as those identified by the States. In trying to get States to increase the

  19. Evaluation of a New Thrust in the Delivery of Mental Health Services: Outpatient Commitment.

    ERIC Educational Resources Information Center

    Hiday, Virginia Aldige'; Scheid-Cook, Teresa L.

    The North Carolina State Legislature made outpatient commitment (OPC) criteria less restrictive than involuntary hospitalization criteria, provided an enforcement mechanism, gave facilities and staff immunity from liability, and allocated funds for OPC patients. Data collected in a state-wide study of civil commitment respondents in North Carolina…

  20. 75 FR 79392 - Notice of Lodging of Settlement Agreement Under the Resource Conservation and Recovery Act

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-12-20

    ... as General Motors Corporation, Remediation and Liability Management Company, Inc., and Environmental Corporate Remediation Company, Inc. (collectively, ``Old GM''); the United States of America; and the State... 40 CFR Section 264.151(a)(1) for remediation at the Scatterfield Site. The Department of Justice will...

  1. 75 FR 79391 - Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-12-20

    ... Motors Corporation, Remediation and Liability Management Company, Inc., and Environmental Corporate Remediation Company, Inc. (collectively, ``Old GM''); the United States of America; and the State of Iowa. The... Settlement Agreement, Old GM will make a cash payment of $6,476,634 to EPA for remediation at the Sioux City...

  2. The malpractice liability crisis.

    PubMed

    Brenner, R James; Smith, John J

    2004-01-01

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

  3. 7 CFR 785.4 - Grants to certified State mediation programs.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ..., liability insurance, employer's share of Social Security, and travel that is necessary to provide mediation.... Expenditures of grant funds are not allowed for: (i) Purchase of capital assets, real estate, or vehicles and...

  4. 7 CFR 785.4 - Grants to certified State mediation programs.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ..., liability insurance, employer's share of Social Security, and travel that is necessary to provide mediation.... Expenditures of grant funds are not allowed for: (i) Purchase of capital assets, real estate, or vehicles and...

  5. 47 CFR 32.4341 - Net deferred tax liability adjustments.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... in Accounts 4100 and 4340 for: (1) Tax effects of temporary differences accounted for under the flow... rates (Federal, state and local). As tax rates increase or decrease, the offsetting debit or credit will...

  6. Effects of a Malpractice Crisis on Specialist Supply and Patient Access to Care

    PubMed Central

    Mello, Michelle M.; Studdert, David M.; DesRoches, Catherine M.; Peugh, Jordon; Zapert, Kinga; Brennan, Troyen A.; Sage, William M.

    2005-01-01

    Objective: To investigate specialist physicians' practice decisions in response to liability concerns and their perceptions of the impact of the malpractice environment on patient access to care. Summary Background Data: A perennial concern during “malpractice crises” is that liability costs will drive physicians in high-risk specialties out of practice, creating specialist shortages and access-to-care problems. Methods: Mail survey of 824 Pennsylvania physicians in general surgery, neurosurgery, orthopedic surgery, obstetrics/gynecology, emergency medicine, and radiology eliciting information on practice decisions made in response to rising liability costs. Results: Strong majorities of specialists reported increases over the last 3 years in patients' driving distances (58%) and waiting times (83%) for specialist care or surgery, waiting times for emergency department care (82%), and the number of patients forced to switch physicians (89%). Professional liability costs and managed care were both considered important contributing factors. Small proportions of specialists reported that they would definitely retire (7%) or relocate their practice out of state (4%) within the next 2 years; another third (32% and 29%, respectively) said they would likely do so. Forty-two percent of specialists have reduced or eliminated high-risk aspects of their practice, and 50% are likely to do so over the next 2 years. Conclusions: Our data suggest that claims of a “physician exodus” from Pennsylvania due to rising liability costs are overstated, but the malpractice situation is having demonstrable effects on the supply of specialist physicians in affected areas and their scope of practice, which likely impinges upon patients' access to care. PMID:16244532

  7. Abuse Liability and Reinforcing Efficacy of Oral Tramadol in Humans

    PubMed Central

    Babalonis, Shanna; Lofwall, Michelle R.; Nuzzo, Paul A.; Siegel, Anthony J.; Walsh, Sharon L.

    2012-01-01

    BACKGROUND Tramadol, a monoaminergic reuptake inhibitor, is hepatically metabolized to an opioid agonist (M1). This atypical analgesic is generally considered to have limited abuse liability. Recent reports of its abuse have increased in the U.S., leading to more stringent regulation in some states, but not nationally. The purpose of this study was to examine the relative abuse liability and reinforcing efficacy of tramadol in comparison to a high (oxycodone) and low efficacy (codeine) opioid agonist. METHODS Nine healthy, non-dependent prescription opioid abusers (6 male, 3 female) participated in this within-subject, randomized, double blind, placebo-controlled study. Participants completed 14 paired sessions (7 sample, 7 self-administration). During each sample session, an oral dose of tramadol (200, 400 mg), oxycodone (20, 40 mg), codeine (100, 200 mg) or placebo was administered, and a full array of abuse liability measures was collected. During self-administration sessions, volunteers were given the opportunity to work (via progressive ratio) for the sample dose or money. RESULTS All active doses were self-administered; placebo engendered no responding. The high doses of tramadol and oxycodone were readily self-administered (70%, 59% of available drug, respectively); lower doses and both codeine doses maintained intermediate levels of drug taking. All three drugs dose-dependently increased measures indicative of abuse liability, relative to placebo; however, the magnitude and time course of these and other pharmacodynamic effects varied qualitatively across drugs. CONCLUSIONS This study demonstrates that, like other mu opioids, higher doses of tramadol function as reinforcers in opioid abusers, providing new empirical data for regulatory evaluation. PMID:23098678

  8. Legal briefing: informed consent in the clinical context.

    PubMed

    Pope, Thaddeus Mason; Hexum, Melinda

    2014-01-01

    This issue's "Legal Briefing" column covers recent legal developments involving informed consent.1 We covered this topic in previous articles in The Journal of Clinical Ethics.2 But an updated discussion is warranted. First, informed consent remains a central and critically important issue in clinical ethics. Second, there have been numerous significant legal changes over the past year. We categorize recent legal developments into the following 13 categories: (1) Medical Malpractice Liability, (2) Medical Malpractice Liability in Wisconsin, (3) Medical Malpractice Liability in Novel Situations, (4) Enforcement by Criminal Prosecutors, (5) Enforcement by State Medical Boards, (6) Enforcement through Anti-Discrimination Laws, (7) Statutorily Mandated Disclosures Related to End-of-Life Counseling, (8) Statutorily Mandated Disclosures Related to Aid in Dying, (9) Statutorily Mandated Disclosures Related to Abortion, (10) Statutorily Mandated Disclosures Related to Telemedicine, (11) Statutorily Mandated Disclosures Related to Other Interventions, (12) Statutorily Mandated Gag and Censorship Laws, (13) Informed Consent in the Research Context. Copyright 2014 The Journal of Clinical Ethics. All rights reserved.

  9. Income tax considerations for forest landowners in the South: a case study on tax planning

    Treesearch

    Philip D. Bailey; Harry L. Jr. Haney; Debra S. Callihan; John L. Greene

    1999-01-01

    Federal and state income taxes are calculated for hypothetical owners of nonindustrial private forests (NIPF) across 14 southern states to illustrate the effects of differential state tax treatment. The income tax liability is calculated in a year in which the timber owners harvest $200,000 worth of timber. After-tax land expectation values for a forest landowner are...

  10. The Impact of State Tort Reforms on Imaging Utilization.

    PubMed

    Li, Suhui; Dor, Avi; Deyo, Darwyyn; Hughes, Danny R

    2017-02-01

    Defensive medicine, broadly defined as medical practices that protect physicians from malpractice lawsuits without providing benefits to patients, can lead to wasteful use of health care resources and higher cost. Although physicians cite malpractice liability as an important factor driving their decisions to order imaging tests, little research has been done to examine the systematic impact of liability pressure on overall imaging. The authors examined the extent to which radiography use is influenced by malpractice liability pressure among office-based physicians. Using National Ambulatory Medical Care Survey data from 1999 to 2010, the authors used multivariate difference-in-difference logistic regression to examine the effects of different types of state tort reforms on the probability of radiography orders by primary care physicians (PCPs) and specialists. The probability that a PCP ordered radiography decreased when states enacted permanent caps on noneconomic damages (-1.0%, P < .01), periodic payment reforms (-1.6%, P < .05), and the total number of tort reforms (-0.5%, P < .05). Specialist physicians were responsive to two reforms: caps on punitive damages (-6.1%, P < .01) and the total number of medical tort laws (-1.2%, P < .01). The passage of new indirect reforms was found to reduce radiography orders for PCPs (-1.8%, P < .05), and the repeal of indirect reforms was found to increase radiography orders for specialists (+3.4%, P < .01). State tort reform seems to reduce physicians' ordering of radiography. This analysis also suggests that reforms that make it harder to sue physicians have a stronger impact than reforms that directly reduce physicians' malpractice claim payments. Copyright © 2016 American College of Radiology. Published by Elsevier Inc. All rights reserved.

  11. THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

    PubMed

    Bărcan, Cristian

    2015-01-01

    Current legislation, namely Law no. 95/2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability. Each form of legal liability presents its features, aspects that are found mainly in the procedural rules. However, the differences between the various legal forms of liability are not met only in the procedural rules but also in their effects and consequences. It is necessary to know what the procedure for disciplinary responsibility, administrative liability, civil liability, or criminal liability is. In addition to the differentiation determined by the consequences that may arise from the different forms of legal liability, it is important to know the competent authorities to investigate a case further and the solutions which various public institutions can take regarding the medical staff. Depending on the type of legal liability, authorities have a specialized authority. If the Disciplinary Committee is encountered at the College of Physicians, it may not intervene in cases before the monitoring and competence for malpractice cases Committee. The latter two committees cannot intervene directly in the legal assessment of civil or criminal cases, as no criminal investigation authorities cannot intervene in strictly civilian cases. Therefore, the importance of knowing the competent institutions is imperative.

  12. Legal aspects of sinkhole development and flooding in karst terranes: 1. Review and synthesis

    NASA Astrophysics Data System (ADS)

    Quinlan, James F.

    1986-03-01

    Structures built within the area of influence of a sinkhole can be affected by collapse, subsidence, or flooding. Unanticipated property losses may be involved, and litigation commonly ensues. Insurance compensation for damages that result from sinkhole collapse or subsidence in a karst terrane are covered by statute only in Florida and by voluntary agreement of companies operating in Tennessee Liability or insurance compensation for damages resulting from sinkhole flooding is not specifically covered by any state or federal statute. Regulations of the National Flood Insurance Program have been interpreted to allow coverage by this program for homes affected by sinkhole flooding in Bowling Green, Kentucky In the present article, case law, legal concepts of groundwater and surface water, liability, and law review articles relevant to sinkhole litigation are summarized The rationales of plaintiffs and defendants are reviewed Liability for damages have been based on allegations of negligence, breach of various water law doctrines, trespass, nuisance, loss of support, breach of contract, and implied warranty of habitability Defenses against these allegations have been based on the merits of each of them and on caveat emptor Several alternative rationales for claiming liability for losses incurred because of sinkhole development or flooding are proposed and discussed. The little-known Henderson v Wade Sand and Gravel is highly recommended as an alternative leading case that clearly and justifiably gives protection to adjacent landowners, and ties liability for damages caused by groundwater pumpage to nuisance law and related interference with property rights. Several little-known litigated cases of sinkhole development in response to groundwater pumpage will be summarized in a second article at a later date. Concepts of liability are evolving It can be expected that the professional geologist or engineer will have an increasing number of claims made against him or her which allege responsibility for sinkhole-related damages. Such damages can often be prevented by creative zoning, sound engineering, and better husbandry of land.

  13. 46 CFR 298.38 - Partnership agreements and limited liability company agreements.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Partnership agreements and limited liability company... liability company agreements. Partnership and limited liability company agreements must be in form and...) Duration of the entity; (b) Adequate partnership or limited liability company funding requirements and...

  14. 42 CFR 447.20 - Provider restrictions: State plan requirements.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... upon the individual under §§ 447.53 through 447.56; or (ii) An amount which represents the difference... eligible for medical assistance under the plan on account of a third party's potential liability for the...

  15. 42 CFR 447.20 - Provider restrictions: State plan requirements.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... upon the individual under §§ 447.53 through 447.56; or (ii) An amount which represents the difference... eligible for medical assistance under the plan on account of a third party's potential liability for the...

  16. 42 CFR 447.20 - Provider restrictions: State plan requirements.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... upon the individual under §§ 447.53 through 447.56; or (ii) An amount which represents the difference... eligible for medical assistance under the plan on account of a third party's potential liability for the...

  17. 42 CFR 447.20 - Provider restrictions: State plan requirements.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... upon the individual under §§ 447.52 through 447.54; or (ii) An amount which represents the difference... eligible for medical assistance under the plan on account of a third party's potential liability for the...

  18. 42 CFR 447.20 - Provider restrictions: State plan requirements.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... upon the individual under §§ 447.53 through 447.56; or (ii) An amount which represents the difference... eligible for medical assistance under the plan on account of a third party's potential liability for the...

  19. 7 CFR 1250.359 - Effect of termination or amendment.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... or waive any right, duty, obligation, or liability which shall have risen or which may hereafter... impair any rights or remedies of the United States, or of the Secretary, or of any person, with respect...

  20. What is an employee benefit plan?: ERISA preemption of "any willing provider" laws after Pegram.

    PubMed

    Goodyear, J

    2001-06-01

    This note considers the implications of a recent Supreme Court decision, Pegram v. Herdrich, for preemption of state laws under the Employee Retirement Income Security Act (ERISA). Though Pegram dealt with a fiduciary liability question, and not preemption specifically, the Court in arriving at its decision laid out a definition of the word "loan"--a word that is used in both the fiduciary liability section of ERISA and the preemption section. The Court's definition focuses upon the relationship between the managed care organization and the employer that hires it. The definition, however, excludes from the meaning of "plan" the relationship between the managed care organization and the health care providers it hires. Thus, this Note argues that according to Pegram, state laws that regulate the relationship between managed care organizations and health care providers, such as "any willing provider" laws, should not be preempted by ERISA.

  1. 29 CFR 4219.11 - Withdrawal liability upon mass withdrawal.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Withdrawal liability upon mass withdrawal. 4219.11 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.11 Withdrawal liability upon mass withdrawal. (a) Initial withdrawal liability. The plan sponsor of a multiemployer plan that experiences a mass...

  2. 29 CFR 4219.11 - Withdrawal liability upon mass withdrawal.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 9 2011-07-01 2011-07-01 false Withdrawal liability upon mass withdrawal. 4219.11 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.11 Withdrawal liability upon mass withdrawal. (a) Initial withdrawal liability. The plan sponsor of a multiemployer plan that experiences a mass...

  3. Giving a Candid Appraisal of an Applicant: What Is the Risk of Liability for Defamation?

    ERIC Educational Resources Information Center

    Uerling, Donald F.

    This paper outlines the law of defamation as it pertains to those written and oral communications of reference that are commonly made by professionals in educational administration. Although this body of law varies from state to state, the basic principles are generally applicable. After an introduction, the first section defines defamation and…

  4. 78 FR 6131 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-01-29

    ... agree to reimburse the United States and the State for natural resource damage assessment costs ($31,060... Section, Environment and Natural Resources Division. [FR Doc. 2013-01761 Filed 1-28-13; 8:45 am] BILLING... Environmental Response, Compensation, and Liability Act On January 22, 2013, the Department of Justice lodged a...

  5. THE PUPIL'S DAY IN COURT--REVIEW OF 1966. AN ANNUAL COMPILATION. SCHOOL LAW SERIES.

    ERIC Educational Resources Information Center

    SHAPIRO, FRIEDA S.; EVANS, JACK

    CASE DIGESTS OF 44 STATE AND 39 FEDERAL JUDICIAL DECISIONS DIRECTLY CONCERNING PUBLIC SCHOOL PUPILS AND STUDENTS IN PUBLIC SUPPORTED COLLEGES AND UNIVERSITIES ARE ARRANGED BY STATE AND CLASSIFIED UNDER SIX HEADINGS--(1) ADMISSION AND ATTENDANCE--8, (2) SCHOOL DESEGREGATION--30, (3) LIABILITY FOR PUPIL INJURY--20, (4) RELIGION AND SECTARIAN…

  6. 26 CFR 601.103 - Summary of general tax procedure.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... form of return which shows the facts upon which tax liability may be determined and assessed. Generally... taxpayer may then bring suit in the United States District Court or in the United States Claims Court for recovery of the tax. Suit may not be commenced before the expiration of six months from the date of filing...

  7. 26 CFR 601.103 - Summary of general tax procedure.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... form of return which shows the facts upon which tax liability may be determined and assessed. Generally... taxpayer may then bring suit in the United States District Court or in the United States Claims Court for recovery of the tax. Suit may not be commenced before the expiration of six months from the date of filing...

  8. 26 CFR 601.103 - Summary of general tax procedure.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... form of return which shows the facts upon which tax liability may be determined and assessed. Generally... taxpayer may then bring suit in the United States District Court or in the United States Claims Court for recovery of the tax. Suit may not be commenced before the expiration of six months from the date of filing...

  9. 26 CFR 601.103 - Summary of general tax procedure.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... form of return which shows the facts upon which tax liability may be determined and assessed. Generally... taxpayer may then bring suit in the United States District Court or in the United States Claims Court for recovery of the tax. Suit may not be commenced before the expiration of six months from the date of filing...

  10. 26 CFR 601.103 - Summary of general tax procedure.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... form of return which shows the facts upon which tax liability may be determined and assessed. Generally... taxpayer may then bring suit in the United States District Court or in the United States Claims Court for recovery of the tax. Suit may not be commenced before the expiration of six months from the date of filing...

  11. High and low-risk specialties experience with the U.S. medical malpractice system

    PubMed Central

    2013-01-01

    Background “High-liability risk specialties” tend to be the focus of medical malpractice system research and debate, but concerns and fears are not limited to this group. The objective of this study was to examine whether “high-liability risk” medical specialties have a different experience with the malpractice system than “low-liability risk” specialties. Methods We reviewed claims data from the Physician Insurers Association of America’s Data Sharing Project between January 1985 and December 2008. We used linear regression, controlling for year, to determine how liability risk affected outcomes of interest. Results In high-liability risk specialties, 33% of claims result in indemnity payments compared to 28% for low-liability risk specialties (p < 0.001). The average indemnity payment for high-liability risk specialties was $315,314 compared to $267,146 for low-liability risk specialties (p = 0.25). Although only a small percentage of claims go to trial, low-liability risk specialties have significantly more claims that are ultimately dropped, withdrawn or dismissed, while high-liability risk specialties have significantly more claims that result in plaintiff settlement (p < 0.001). Conclusions Malpractice risk exists for all specialties. Variability in indemnity costs are found in both high- and low-liability risk specialties. Differences in the reasons for which claims are initiated for high- and low-liability risk specialties likely necessitate different risk management solutions. PMID:24192524

  12. Variability of child access prevention laws and pediatric firearm injuries.

    PubMed

    Hamilton, Emma C; Miller, Charles C; Cox, Charles S; Lally, Kevin P; Austin, Mary T

    2018-04-01

    State-level child access prevention (CAP) laws impose criminal liability on adults who negligently allow children access to firearms. The CAP laws can be further divided into strong CAP laws which impose criminal liability for negligently stored firearms and weak CAP laws that prohibit adults from intentionally, knowingly, and/or recklessly providing firearms to a minor. We hypothesized that strong CAP laws would be associated with a greater reduction in pediatric firearm injuries than weak CAP laws. We constructed a cross-sectional national study using the Healthcare Cost and Utilization Project-Kids Inpatient Database from 2006 and 2009 using weighted counts of firearm-related admissions among children younger than 18 years. Poisson regression was used to estimate the association of CAP laws with pediatric firearm injuries. After adjusting for race, sex, age, and socioeconomic income quartile, strong CAP laws were associated with a significant reduction in all (incidence rate ratio, 0.70; 95% confidence interval, 0.52-0.93), self-inflicted (incidence rate ratio, 0.46; 95% confidence interval, 0.26-0.79), and unintentional (incidence rate ratio, 0.56; 95% confidence interval, 0.43-0.74) pediatric firearm injuries. Weak CAP laws, which only impose liability for reckless endangerment, were associated with an increased risk of all pediatric firearm injuries. The association of CAP laws on hospitalizations for pediatric firearm injuries differed greatly depending on whether a state had adopted a strong CAP law or a weak CAP law. Implementation of strong CAP laws by each state, which require safe storage of firearms, has the potential to significantly reduce pediatric firearm injuries. Prognostic and epidemiology study, level III.

  13. Genetic evaluation of mastitis liability and recovery through longitudinal analysis of transition probabilities

    PubMed Central

    2012-01-01

    Background Many methods for the genetic analysis of mastitis use a cross-sectional approach, which omits information on, e.g., repeated mastitis cases during lactation, somatic cell count fluctuations, and recovery process. Acknowledging the dynamic behavior of mastitis during lactation and taking into account that there is more than one binary response variable to consider, can enhance the genetic evaluation of mastitis. Methods Genetic evaluation of mastitis was carried out by modeling the dynamic nature of somatic cell count (SCC) within the lactation. The SCC patterns were captured by modeling transition probabilities between assumed states of mastitis and non-mastitis. A widely dispersed SCC pattern generates high transition probabilities between states and vice versa. This method can model transitions to and from states of infection simultaneously, i.e. both the mastitis liability and the recovery process are considered. A multilevel discrete time survival model was applied to estimate breeding values on simulated data with different dataset sizes, mastitis frequencies, and genetic correlations. Results Correlations between estimated and simulated breeding values showed that the estimated accuracies for mastitis liability were similar to those from previously tested methods that used data of confirmed mastitis cases, while our results were based on SCC as an indicator of mastitis. In addition, unlike the other methods, our method also generates breeding values for the recovery process. Conclusions The developed method provides an effective tool for the genetic evaluation of mastitis when considering the whole disease course and will contribute to improving the genetic evaluation of udder health. PMID:22475575

  14. 12 CFR 563b.630 - When is a state-chartered savings bank eligible for a voluntary supervisory conversion?

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... conditions: (1) Your liabilities exceed your assets, as calculated under generally accepted accounting... FDIC determines that you will achieve an acceptable capital level within an acceptable time period. [67...

  15. 76 FR 13656 - Notice of Submission of Proposed Information Collection to OMB Requirement for Contractors to...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-03-14

    ... insurance provide evidence that worker's compensation and general liability, automobile liability insurance... insurance provide evidence that worker's compensation and general liability, automobile liability insurance...

  16. Liability of professional and volunteer mental health practitioners in the wake of disasters: a framework for further considerations.

    PubMed

    Abdel-Monem, Tarik; Bulling, Denise

    2005-01-01

    Qualified immunity from civil liability exists for acts of disaster mental health (DMH) practitioners responding to disasters or acts of terrorism. This article reviews current legal regimens dictating civil liability for potentially wrongful acts of DMH professionals and volunteers responding to disasters. Criteria are proposed to inform determinations of civil liability for DMH workers in disaster response, given current legal parameters and established tort law in relevant areas. Specific considerations are examined that potentially implicate direct liability of DMH professionals and volunteers, and vicarious liability of DMH supervisors for actions of volunteer subordinates. The relevance of pre-event DMH planning and operationalization of the plan post-event is linked to considerations of liability. This article concludes with recommendations to minimize liability exposure for DMH workers in response efforts.

  17. Handicap discrimination considerations in treating the impaired worker: drugs, alcohol, pregnancy, and AIDS in the workplace.

    PubMed

    Postol, L P

    1988-04-01

    In dealing with applicants and employees, administrators must comply with handicap and pregnancy discrimination statutes, any union collective bargaining agreement, and any state or local statutes specifically directed at protecting certain classes of handicapped persons. The employer must make reasonable accommodations which allow the disabled worker to perform the job, although the employer need not implement accommodations which are an undue hardship. Similarly, if the impaired employee cannot safely perform the essential functions of the job, he or she need not be hired or retained. Employers must also recognize their responsibilities and liability under their health benefit plans and other liability statutes, and attempt to minimize their exposure.

  18. 14 CFR 440.19 - United States payment of excess third-party liability claims.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... insurance required under § 440.9(b); and (2) Is not more than $1,500,000,000 (as adjusted for inflation... reasonable rates. The licensee must submit a certification in accordance with § 440.15(c)(1)(iii) of this... inflation occurring after January 1, 1989). (e) Payment by the United States of excess third-party claims...

  19. Florida’s solution to liability issues

    Treesearch

    Dale Wade; James Brenner

    1995-01-01

    Prescribed fire is used to treat roughly 5 percent (1,500,000 acres) of Florida’s wildland each year. Superimposed on this firemaintained landscape is one of the fastest growing populations in the United States. Much of this population increase is a result of immigration from northern states where ancestral ties with fire have been broken. Many immigrants want to...

  20. 20 CFR 30.605 - What rights does the United States have upon payment of compensation under EEOICPA?

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false What rights does the United States have upon payment of compensation under EEOICPA? 30.605 Section 30.605 Employees' Benefits OFFICE OF WORKERS... OF 2000, AS AMENDED Special Provisions Third Party Liability § 30.605 What rights does the United...

  1. 22 CFR 151.2 - Definitions.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR..., individually or collectively, which are extended the same privileges and immunities, pursuant to law, as are... official entitled to diplomatic immunity as provided in section 19 of the Convention on Privileges and...

  2. 22 CFR 151.2 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR..., individually or collectively, which are extended the same privileges and immunities, pursuant to law, as are... official entitled to diplomatic immunity as provided in section 19 of the Convention on Privileges and...

  3. 22 CFR 151.2 - Definitions.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR..., individually or collectively, which are extended the same privileges and immunities, pursuant to law, as are... official entitled to diplomatic immunity as provided in section 19 of the Convention on Privileges and...

  4. 22 CFR 151.2 - Definitions.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR..., individually or collectively, which are extended the same privileges and immunities, pursuant to law, as are... official entitled to diplomatic immunity as provided in section 19 of the Convention on Privileges and...

  5. 22 CFR 151.2 - Definitions.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR..., individually or collectively, which are extended the same privileges and immunities, pursuant to law, as are... official entitled to diplomatic immunity as provided in section 19 of the Convention on Privileges and...

  6. 19 CFR 10.3013 - Definitions.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. United States-Colombia Trade Promotion... value. “Adjusted value” means the value determined in accordancewith Articles 1 through 8, Article 15... revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of...

  7. The College Professor's Professional Liability

    ERIC Educational Resources Information Center

    Griggs, Walter S.; Rubin, Harvey W.

    1977-01-01

    The growing number of professional liability suits against professors warrants a close examination of the need for and provisions of available insurance coverage. The evolution of tort liability, the question of negligence, and the professional liability policy are discussed. (LBH)

  8. Environmental pollution liability insurance in China: in need of strong government backing.

    PubMed

    Feng, Yan; Mol, Arthur P J; Lu, Yonglong; He, Guizhen; van Koppen, C S A

    2014-09-01

    Environmental pollution liability insurance was officially introduced in China only in 2006, as part of new market-based approaches for managing environmental risks. By 2012, trial applications of pollution insurance had been launched in 14 provinces and cities. More than ten insurance companies have entered the pollution insurance market with their own products and contracts. Companies in environmentally sensitive sectors and high-risk industries bought pollution insurance, and a few successful compensation cases have been reported. Still, pollution insurance faces a number of challenges in China. The absence of a national law weakens the legal basis of pollution insurance, and poor technical support stagnates further implementation. Moreover, current pollution insurance products have limited risk coverage, high premium rates, and low loss ratios, which make them fairly unattractive to polluters. Meanwhile, low awareness of environmental and social liabilities leads to limited demand for pollution insurance products by industrial companies. Hence, the pollution insurance market is not yet flourishing in China. To improve this situation, this economic instrument needs stronger backing by the Chinese state.

  9. [Harmonisation of personal injury compensation in the European Union. Application to medical liability case law].

    PubMed

    Hureau, Jacques

    2006-03-01

    Harmonisation of personal injury compensation in the European Union (EU) is crucial. Continuing on from the work begun by the European Federation of Medical Academies, a working party of the XVth Committee of the French National Academy of Medicine has sought to go beyond the restrictive framework of automobile accident compensation in order to address more universal concerns, regardless of the causes and effects of bodily injury. The specific situation of injuries resulting from medical acts was considered, both for its medicolegal complexity and its potential human consequences. After recalling relevant European legislation, the authors consider the different philosophies of medical liability and health care systems in Europe. Methodological convergence is required to achieve harmonisation of personal injury compensation regimes, and especially for the classification of different types of bodily injury, the role of social services, and the establishment of a reference for medical evaluation of injury with built-in compensation levels. The doctrines and concepts of all EU member states (civil law, common law, Nordic medical liability regimes, etc.) are discussed, together with means of facilitating their harmonisation.

  10. Health Law 2015: Individuals and Populations.

    PubMed

    Jacobson, Peter D; Dahlen, Rachel

    2016-12-01

    In this article, we assess two particular trends in judicial doctrine that are likely to emerge in the post-ACA era. The first trend is the inevitable emergence of enterprise medical liability (EML) that will supplant tort law's unstable attempt to apportion liability between physicians and institutions. Arguments favoring EML in health law date back to the early 1980s. But health care's ongoing consolidation suggests that the time has arrived for courts or state legislatures to develop legal doctrine that more closely resembles the ways in which health care is now delivered. This would result in a more appropriate allocation of liability to the institutional level. The second judicial trend will be the convergence of health law and public health law concepts. Because the ACA arguably stimulates closer engagement between health systems and public health departments, health systems will have greater responsibility for keeping their communities healthy along with obligations for individual patient care (i.e., individuals and populations). If so, courts will need to incorporate elements from health law and public health law in resolving disputes. Copyright © 2016 by Duke University Press.

  11. Communication-and-resolution programs: the challenges and lessons learned from six early adopters.

    PubMed

    Mello, Michelle M; Boothman, Richard C; McDonald, Timothy; Driver, Jeffrey; Lembitz, Alan; Bouwmeester, Darren; Dunlap, Benjamin; Gallagher, Thomas

    2014-01-01

    In communication-and-resolution programs (CRPs), health systems and liability insurers encourage the disclosure of unanticipated care outcomes to affected patients and proactively seek resolutions, including offering an apology, an explanation, and, where appropriate, reimbursement or compensation. Anecdotal reports from the University of Michigan Health System and other early adopters of CRPs suggest that these programs can substantially reduce liability costs and improve patient safety. But little is known about how these early programs achieved success. We studied six CRPs to identify the major challenges in and lessons learned from implementing these initiatives. The CRP participants we interviewed identified several factors that contributed to their programs' success, including the presence of a strong institutional champion, investing in building and marketing the program to skeptical clinicians, and making it clear that the results of such transformative change will take time. Many of the early CRP adopters we interviewed expressed support for broader experimentation with these programs even in settings that differ from their own, such as systems that do not own and control their liability insurer, and in states without strong tort reforms.

  12. An analysis of state legislation on community trails.

    PubMed

    Eyler, Amy; Lankford, Tina; Chriqui, Jamie; Evenson, Kelly R; Kruger, Judy; Tompkins, Nancy; Voorhees, Carolyn; Zieff, Susan; Aytur, Semra; Brownson, Ross

    2010-03-01

    Trails provide opportunities for recreation, transportation and activity. The purpose of this article is to describe state legislation related to community trails, to analyze legislation content, and to evaluate legislation on inclusion of evidence-informed elements. State trail legislation from 2001 to 2008 was identified using online legislative databases. An analysis of evidence-informed elements included in the legislation was conducted. These elements included: funding, liability, accessibility, connectivity, and maintenance. Of the total 991 trail bills, 516 (52.0%) were appropriations bills, of which 167 (32.2%) were enacted. We analyzed 475 (48%) nonappropriation trail bills of which 139 (29.3%) were enacted. The percentage of enactment of appropriations bills decreased over time while enactment of nonappropriations trail bills increased. Over half of the nonappropriations trail bills included at least 1 evidence-informed element, most commonly funding. Few bills contained liability, connectivity, accessibility, or maintenance. There is opportunity for providing evidence-informed information to policy-makers to potentially influence bill content. The number of bills with a funding element demonstrates that fiscal support for trails is an important policy lever that state legislatures may use to support trails. Lastly, trails should be considered in over-all state-level physical activity legislation to provide opportunities for communities to be active.

  13. 38 CFR 6.20 - Jurisdiction.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2011-07-01 2011-07-01 false Jurisdiction. 6.20 Section 6.20 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS UNITED STATES GOVERNMENT LIFE INSURANCE Determination of Liability Under Sections 302 and 313, World War Veterans' Act...

  14. 38 CFR 6.20 - Jurisdiction.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2013-07-01 2013-07-01 false Jurisdiction. 6.20 Section 6.20 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS UNITED STATES GOVERNMENT LIFE INSURANCE Determination of Liability Under Sections 302 and 313, World War Veterans' Act...

  15. 38 CFR 6.20 - Jurisdiction.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Jurisdiction. 6.20 Section 6.20 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS UNITED STATES GOVERNMENT LIFE INSURANCE Determination of Liability Under Sections 302 and 313, World War Veterans' Act...

  16. 38 CFR 6.20 - Jurisdiction.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2014-07-01 2014-07-01 false Jurisdiction. 6.20 Section 6.20 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS UNITED STATES GOVERNMENT LIFE INSURANCE Determination of Liability Under Sections 302 and 313, World War Veterans' Act...

  17. 38 CFR 6.20 - Jurisdiction.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2012-07-01 2012-07-01 false Jurisdiction. 6.20 Section 6.20 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS UNITED STATES GOVERNMENT LIFE INSURANCE Determination of Liability Under Sections 302 and 313, World War Veterans' Act...

  18. 33 CFR 133.19 - Recordkeeping.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Recordkeeping. 133.19 Section 133.19 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.19...

  19. 33 CFR 133.19 - Recordkeeping.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 33 Navigation and Navigable Waters 2 2012-07-01 2012-07-01 false Recordkeeping. 133.19 Section 133.19 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.19...

  20. 33 CFR 133.7 - Requests: Amount.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 133.7 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.7... amount anticipated for immediate removal action for a single oil pollution incident, but, in any event...

  1. 33 CFR 133.19 - Recordkeeping.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 33 Navigation and Navigable Waters 2 2014-07-01 2014-07-01 false Recordkeeping. 133.19 Section 133.19 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.19...

  2. 33 CFR 133.7 - Requests: Amount.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 133.7 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.7... amount anticipated for immediate removal action for a single oil pollution incident, but, in any event...

  3. 33 CFR 133.7 - Requests: Amount.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 133.7 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.7... amount anticipated for immediate removal action for a single oil pollution incident, but, in any event...

  4. 33 CFR 133.7 - Requests: Amount.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 133.7 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.7... amount anticipated for immediate removal action for a single oil pollution incident, but, in any event...

  5. 33 CFR 133.19 - Recordkeeping.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 33 Navigation and Navigable Waters 2 2011-07-01 2011-07-01 false Recordkeeping. 133.19 Section 133.19 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.19...

  6. 33 CFR 133.19 - Recordkeeping.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 33 Navigation and Navigable Waters 2 2013-07-01 2013-07-01 false Recordkeeping. 133.19 Section 133.19 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.19...

  7. 33 CFR 133.7 - Requests: Amount.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 133.7 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.7... amount anticipated for immediate removal action for a single oil pollution incident, but, in any event...

  8. Commercial space transportation licensing : Quarterly Launch Report : special report

    DOT National Transportation Integrated Search

    1999-01-01

    In order to conduct a commercial space launch or operate a commercial launch site in the U.S., it is necessary to obtain a license from the United States government. Under the 1972 United Nations Convention on International Liability for Damage Cause...

  9. 22 CFR 120.25 - Empowered Official.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... Foreign Relations DEPARTMENT OF STATE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS PURPOSE AND DEFINITIONS... liability and administrative penalties for violating the Arms Export Control Act and the International Traffic in Arms Regulations; and (4) Has the independent authority to: (i) Enquire into any aspect of a...

  10. 22 CFR 120.25 - Empowered Official.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... Foreign Relations DEPARTMENT OF STATE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS PURPOSE AND DEFINITIONS... liability and administrative penalties for violating the Arms Export Control Act and the International Traffic in Arms Regulations; and (4) Has the independent authority to: (i) Inquire into any aspect of a...

  11. 22 CFR 120.25 - Empowered Official.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... Foreign Relations DEPARTMENT OF STATE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS PURPOSE AND DEFINITIONS... liability and administrative penalties for violating the Arms Export Control Act and the International Traffic in Arms Regulations; and (4) Has the independent authority to: (i) Enquire into any aspect of a...

  12. 22 CFR 120.25 - Empowered Official.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Foreign Relations DEPARTMENT OF STATE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS PURPOSE AND DEFINITIONS... liability and administrative penalties for violating the Arms Export Control Act and the International Traffic in Arms Regulations; and (4) Has the independent authority to: (i) Enquire into any aspect of a...

  13. 22 CFR 120.25 - Empowered Official.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... Foreign Relations DEPARTMENT OF STATE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS PURPOSE AND DEFINITIONS... liability and administrative penalties for violating the Arms Export Control Act and the International Traffic in Arms Regulations; and (4) Has the independent authority to: (i) Enquire into any aspect of a...

  14. 32 CFR 516.15 - General.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... of cases in which the United States has an interest include the following: (1) Suits for damages... capacity. (2) Suits alleging individual liability arising from performance of official duties by DA...) Classified information. Information required by this regulation will be submitted in an unclassified form if...

  15. 32 CFR 516.15 - General.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... of cases in which the United States has an interest include the following: (1) Suits for damages... capacity. (2) Suits alleging individual liability arising from performance of official duties by DA...) Classified information. Information required by this regulation will be submitted in an unclassified form if...

  16. 32 CFR 516.15 - General.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... of cases in which the United States has an interest include the following: (1) Suits for damages... capacity. (2) Suits alleging individual liability arising from performance of official duties by DA...) Classified information. Information required by this regulation will be submitted in an unclassified form if...

  17. 32 CFR 516.15 - General.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... of cases in which the United States has an interest include the following: (1) Suits for damages... capacity. (2) Suits alleging individual liability arising from performance of official duties by DA...) Classified information. Information required by this regulation will be submitted in an unclassified form if...

  18. 75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-04-02

    ... Primary Nuclear Liability Insurance Premium AGENCY: Nuclear Regulatory Commission. ACTION: Final rule... impractical. The NRC is amending its regulations to increase the primary premium for liability insurance... protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer...

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

    PubMed

    Evans, Barbara J

    2013-12-01

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

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

    PubMed Central

    Evans, Barbara J.

    2014-01-01

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

  1. 75 FR 35506 - Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-06-22

    ... Judgment in United States v. The Kasper (1977) Irrevocable Trusts, et al., No. CV-08-4780, was lodged with... States v. The Kasper (1977) Irrevocable Trusts, et al., No. CV-08-4780 (E.D.N.Y.), D.J. Ref. 90-11-2... Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq., in...

  2. Liability and Remedies for School Segregation in the United States and the European Union. Working Paper #44

    ERIC Educational Resources Information Center

    Bowman, Kristi; Nantl, Jiri

    2014-01-01

    In 1954, the United States Supreme Court decided "Brown v. Board of Education," a case that is known throughout the US and around the world for its strong statements about equality and about the importance of education. The years since the "Brown" decision have been filled with many changes in US law and society. From the…

  3. 26 CFR 1.704-2 - Allocations attributable to nonrecourse liabilities.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... disparity. (4) Special rule for year of revaluation. (e) Requirements to be satisfied. (f) Minimum gain... encumbers, a disposition of that property will generate gain that at least equals that excess (“partnership.... (3) Definition of nonrecourse liability. Nonrecourse liability means a nonrecourse liability as...

  4. 14 CFR 291.22 - Aircraft accident liability insurance requirement.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 14 Aeronautics and Space 4 2011-01-01 2011-01-01 false Aircraft accident liability insurance... for All-Cargo Air Transportation § 291.22 Aircraft accident liability insurance requirement. No air... and maintains in effect aircraft accident liability coverage that meets the requirements of part 205...

  5. 46 CFR 5.69 - Evidence of criminal liability.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... INVESTIGATION REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.69 Evidence of criminal liability. Evidence of criminal liability discovered during an investigation or hearing conducted pursuant... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 5.69 Section 5.69...

  6. 14 CFR 1260.61 - Allocation of risk/liability.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Allocation of risk/liability. 1260.61 Section 1260.61 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION GRANTS AND COOPERATIVE AGREEMENTS General Special Conditions § 1260.61 Allocation of risk/liability. Allocation of Risk/Liability...

  7. Torts.

    ERIC Educational Resources Information Center

    Thurston, Paul W.

    Decisions made by federal and state courts during 1983 concerning the liability of schools, school districts, school boards, or school employees in tort cases are reported in this chapter. Torts are civil causes of action based on noncontractual legal responsibilities that individuals have to avoid harming or injuring another's person, property,…

  8. 33 CFR 133.9 - Requests: Where made.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 33 Navigation and Navigable Waters 2 2013-07-01 2013-07-01 false Requests: Where made. 133.9 Section 133.9 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS...

  9. 33 CFR 133.9 - Requests: Where made.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Requests: Where made. 133.9 Section 133.9 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS...

  10. 33 CFR 133.21 - Records retention.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 33 Navigation and Navigable Waters 2 2012-07-01 2012-07-01 false Records retention. 133.21 Section 133.21 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.21...

  11. 33 CFR 133.21 - Records retention.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 33 Navigation and Navigable Waters 2 2014-07-01 2014-07-01 false Records retention. 133.21 Section 133.21 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.21...

  12. 33 CFR 133.21 - Records retention.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 33 Navigation and Navigable Waters 2 2013-07-01 2013-07-01 false Records retention. 133.21 Section 133.21 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.21...

  13. 33 CFR 133.9 - Requests: Where made.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 33 Navigation and Navigable Waters 2 2011-07-01 2011-07-01 false Requests: Where made. 133.9 Section 133.9 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS...

  14. 33 CFR 133.5 - Requests: General.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Requests: General. 133.5 Section 133.5 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.5...

  15. 33 CFR 133.17 - Conduct of removal actions.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 33 Navigation and Navigable Waters 2 2013-07-01 2013-07-01 false Conduct of removal actions. 133.17 Section 133.17 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE...

  16. 33 CFR 133.5 - Requests: General.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 33 Navigation and Navigable Waters 2 2013-07-01 2013-07-01 false Requests: General. 133.5 Section 133.5 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.5...

  17. 33 CFR 133.9 - Requests: Where made.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 33 Navigation and Navigable Waters 2 2014-07-01 2014-07-01 false Requests: Where made. 133.9 Section 133.9 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS...

  18. 33 CFR 133.17 - Conduct of removal actions.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 33 Navigation and Navigable Waters 2 2014-07-01 2014-07-01 false Conduct of removal actions. 133.17 Section 133.17 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE...

  19. 33 CFR 133.21 - Records retention.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 33 Navigation and Navigable Waters 2 2011-07-01 2011-07-01 false Records retention. 133.21 Section 133.21 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.21...

  20. 33 CFR 133.21 - Records retention.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Records retention. 133.21 Section 133.21 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.21...

  1. 33 CFR 133.5 - Requests: General.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 33 Navigation and Navigable Waters 2 2014-07-01 2014-07-01 false Requests: General. 133.5 Section 133.5 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.5...

  2. 33 CFR 133.11 - Request: Contents.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 33 Navigation and Navigable Waters 2 2012-07-01 2012-07-01 false Request: Contents. 133.11 Section 133.11 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.11...

  3. 33 CFR 133.11 - Request: Contents.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 33 Navigation and Navigable Waters 2 2011-07-01 2011-07-01 false Request: Contents. 133.11 Section 133.11 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.11...

  4. 33 CFR 133.5 - Requests: General.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 33 Navigation and Navigable Waters 2 2011-07-01 2011-07-01 false Requests: General. 133.5 Section 133.5 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.5...

  5. 33 CFR 133.9 - Requests: Where made.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 33 Navigation and Navigable Waters 2 2012-07-01 2012-07-01 false Requests: Where made. 133.9 Section 133.9 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS...

  6. 33 CFR 133.17 - Conduct of removal actions.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Conduct of removal actions. 133.17 Section 133.17 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE...

  7. 33 CFR 133.5 - Requests: General.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 33 Navigation and Navigable Waters 2 2012-07-01 2012-07-01 false Requests: General. 133.5 Section 133.5 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.5...

  8. 33 CFR 133.17 - Conduct of removal actions.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 33 Navigation and Navigable Waters 2 2012-07-01 2012-07-01 false Conduct of removal actions. 133.17 Section 133.17 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE...

  9. 33 CFR 133.17 - Conduct of removal actions.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 33 Navigation and Navigable Waters 2 2011-07-01 2011-07-01 false Conduct of removal actions. 133.17 Section 133.17 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE...

  10. 33 CFR 133.11 - Request: Contents.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 33 Navigation and Navigable Waters 2 2013-07-01 2013-07-01 false Request: Contents. 133.11 Section 133.11 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.11...

  11. 33 CFR 133.11 - Request: Contents.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 33 Navigation and Navigable Waters 2 2014-07-01 2014-07-01 false Request: Contents. 133.11 Section 133.11 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.11...

  12. 19 CFR 10.913 - Definitions.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. United States-Peru Trade Promotion Agreement.... “Adjusted value” means the value determined in accordance with Articles 1 through 8, Article 15, and the... revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of...

  13. 19 CFR 10.913 - Definitions.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. United States-Peru Trade Promotion Agreement.... “Adjusted value” means the value determined in accordance with Articles 1 through 8, Article 15, and the... revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of...

  14. Software Product Liability

    DTIC Science & Technology

    1993-08-01

    disclaimers should be a top priority. Contract law involves the Uniform Commercial Code (UCC). This is an agreement between all the states (except...to contract law than this, the basic issue with software is that the sup- plier is generally an expert on an arcane and sophisticated technology and

  15. 75 FR 1735 - Section 3504 Agent Employment Tax Liability

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-13

    ...). SUPPLEMENTARY INFORMATION: Background Federal, State, and local government programs seek to help elderly or disabled individuals maintain their independence by funding home health care and other personal services... with employment tax compliance by helping the service recipients to designate agents to report, file...

  16. 46 CFR Form Fmc-132a to Subpart A... - Form FMC-132A to Subpart A of Part 540

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... created and existing under the laws of ______ (State and country) and authorized to do business in the... liability of the Surety shall not be discharged by any payment or succession of payments hereunder, unless...

  17. 42 CFR 1001.952 - Exceptions.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... liability company, bonds, debentures, notes, or other debt instruments. Investor means an individual or... company) that holds such investment interest. Passive investor means an investor who is not an active... agency. (2) The buyer must provide, upon request by the Secretary or a State agency, information provided...

  18. 12 CFR 965.2 - Authorized liabilities.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Authorized liabilities. 965.2 Section 965.2 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOME LOAN BANK LIABILITIES SOURCE OF FUNDS § 965.2 Authorized liabilities. As a source of funds for business operations, each Bank is authorized to...

  19. 24 CFR 203.422 - Right and liability under Mutual Mortgage Insurance Fund.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Mortgage Insurance Fund and Distributive Shares § 203.422 Right and liability under Mutual Mortgage... to any liability arising under the mutuality of the Mutual Mortgage Insurance Fund. ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Right and liability under Mutual...

  20. 24 CFR 203.422 - Right and liability under Mutual Mortgage Insurance Fund.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... Mortgage Insurance Fund and Distributive Shares § 203.422 Right and liability under Mutual Mortgage... to any liability arising under the mutuality of the Mutual Mortgage Insurance Fund. ... 24 Housing and Urban Development 2 2011-04-01 2011-04-01 false Right and liability under Mutual...

  1. 12 CFR 704.8 - Asset and liability management.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... CORPORATE CREDIT UNIONS § 704.8 Asset and liability management. (a) Policies. A corporate credit union must...) The purpose and objectives of the corporate credit union's asset and liability activities; (2) The... used as a basis of estimation. (b) Asset and liability management committee (ALCO). A corporate credit...

  2. 12 CFR 704.8 - Asset and liability management.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... CORPORATE CREDIT UNIONS § 704.8 Asset and liability management. (a) Policies. A corporate credit union must...) The purpose and objectives of the corporate credit union's asset and liability activities; (2) The... used as a basis of estimation. (b) Asset and liability management committee (ALCO). A corporate credit...

  3. 14 CFR 1274.916 - Liability and risk of loss.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Liability and risk of loss. 1274.916... AGREEMENTS WITH COMMERCIAL FIRMS Other Provisions and Special Conditions § 1274.916 Liability and risk of..., or indemnification of, developers of experimental aerospace vehicles. Liability and Risk of Loss July...

  4. 12 CFR 229.21 - Civil liability.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 12 Banks and Banking 3 2014-01-01 2014-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Disclosure of Funds Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to...

  5. 12 CFR 229.21 - Civil liability.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 3 2011-01-01 2011-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

  6. 12 CFR 229.21 - Civil liability.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 12 Banks and Banking 3 2012-01-01 2012-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

  7. 12 CFR 229.21 - Civil liability.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

  8. 12 CFR 229.21 - Civil liability.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 12 Banks and Banking 3 2013-01-01 2013-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Disclosure of Funds Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to...

  9. [Organisational responsibility versus individual responsibility: safety culture? About the relationship between patient safety and medical malpractice law].

    PubMed

    Hart, Dieter

    2009-01-01

    The contribution is concerned with the correlations between risk information, patient safety, responsibility and liability, in particular in terms of liability law. These correlations have an impact on safety culture in healthcare, which can be evaluated positively if--in addition to good quality of medical care--as many sources of error as possible can be identified, analysed, and minimised or eliminated by corresponding measures (safety or risk management). Liability influences the conduct of individuals and enterprises; safety is (probably) also a function of liability; this should also apply to safety culture. The standard of safety culture does not only depend on individual liability for damages, but first of all on strict enterprise liability (system responsibility) and its preventive effects. Patient safety through quality and risk management is therefore also an organisational programme of considerable relevance in terms of liability law.

  10. Cost vs. Risk: Determining the Correct Liability Insurance Limit.

    ERIC Educational Resources Information Center

    Klinksiek, Glenn

    1996-01-01

    Presents a model for evaluating liability insurance limits and selecting the correct limit for an individual institution. Argues that many colleges and universities may be making overly conservative decisions that lead to the purchase of too much liability insurance. Also discusses the financial consequences of an uninsured large liability loss.…

  11. 26 CFR 50.5 - Liability for the tax.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 26 Internal Revenue 17 2011-04-01 2011-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

  12. 26 CFR 301.7122-1 - Compromises.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... internal revenue laws prior to reference of a case involving such a liability to the Department of Justice... existence or amount of the correct tax liability under the law. Doubt as to liability does not exist where... of the full liability would undermine public confidence that the tax laws are being administered in a...

  13. 26 CFR 301.7122-1 - Compromises.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... internal revenue laws prior to reference of a case involving such a liability to the Department of Justice... existence or amount of the correct tax liability under the law. Doubt as to liability does not exist where... of the full liability would undermine public confidence that the tax laws are being administered in a...

  14. 25 CFR 141.57 - Procedures to cancel liability on bond.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Procedures to cancel liability on bond. 141.57 Section 141.57 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR FINANCIAL ACTIVITIES BUSINESS... Procedures to cancel liability on bond. (a) Any surety who wishes to be relieved from liability arising on a...

  15. Governing Board and Administrator Liability. ERIC/Higher Education Research Report No. 9.

    ERIC Educational Resources Information Center

    Hendrickson, Robert M.; Mangum, Ronald Scott

    Matters of legal liability that are of concern to institutions of higher education are discussed in some detail in language for the layman. Among the subjects discussed are: the development of charitable corporations, and immunity prerogatives; the traditional bases of legal liability; liability for the new torts, including violation of…

  16. 76 FR 80410 - Pendency of Request for Approval of Special Withdrawal Liability Rules; the Cultural Institutions...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-12-23

    ... Liability Rules; the Cultural Institutions Pension Plan AGENCY: Pension Benefit Guaranty Corporation. ACTION... approval of a plan amendment providing for special withdrawal liability rules. Under Sec. 4203(f) of the... Liability Rules, a multiemployer pension plan may, with PBGC approval, be amended to provide for special...

  17. 37 CFR 10.78 - Limiting liability to client.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Limiting liability to client... Office Code of Professional Responsibility § 10.78 Limiting liability to client. A practitioner shall not attempt to exonerate himself or herself from, or limit his or her liability to, a client for his or her...

  18. 26 CFR 1.404(g)-1 - Deduction of employer liability payments.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 26 Internal Revenue 5 2012-04-01 2011-04-01 true Deduction of employer liability payments. 1.404(g)-1 Section 1.404(g)-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY.... § 1.404(g)-1 Deduction of employer liability payments. (a) General rule. Employer liability payments...

  19. 48 CFR 47.207-7 - Liability and insurance.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

  20. 48 CFR 47.207-7 - Liability and insurance.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

  1. 48 CFR 47.207-7 - Liability and insurance.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

  2. 48 CFR 47.207-7 - Liability and insurance.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

  3. 48 CFR 47.207-7 - Liability and insurance.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

  4. 26 CFR 1.338-5 - Adjusted grossed-up basis.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... target. AGUB is the amount for which new target is deemed to have purchased all of its assets in the... (iii) The liabilities of new target. (2) Time and amount of AGUB—(i) Original determination. AGUB is.... (e) Liabilities of new target—(1) In general. The liabilities of new target are the liabilities of...

  5. 26 CFR 50.5 - Liability for the tax.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 26 Internal Revenue 17 2010-04-01 2010-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

  6. Teacher Liability in School-Shop Accidents.

    ERIC Educational Resources Information Center

    Kegin, Denis J.

    The intent of the book is to stimulate interest in the problem of shop-teacher liability and to identify certain needs which have not been adequately met by existing laws and statutes. Chapter 1, The Significance of Teacher Liability, discusses basic legal considerations, the environment of the school shop, and the possibility of liability.…

  7. 40 CFR 113.4 - Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000...

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Size classes and associated liability... Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) WATER PROGRAMS LIABILITY LIMITS FOR... privity and knowledge of the owner or operator, the following limits of liability are established for...

  8. 14 CFR 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... agreements for science or space exploration activities unrelated to the International Space Station. 1266.104... LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space exploration... cross-waiver of liability between the parties to agreements for NASA's science or space exploration...

  9. 14 CFR 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... agreements for science or space exploration activities unrelated to the International Space Station. 1266.104... LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space exploration... cross-waiver of liability between the parties to agreements for NASA's science or space exploration...

  10. 14 CFR 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... agreements for science or space exploration activities unrelated to the International Space Station. 1266.104... LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space exploration... cross-waiver of liability between the parties to agreements for NASA's science or space exploration...

  11. 29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ..., this section relieves the employer from certain liabilities or punishments to which he might otherwise... by such employee is relieved from liability or punishment therefor if, and only if, such activities... an employer of liability or punishment only with respect to activities of the kind described, which...

  12. 29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ..., this section relieves the employer from certain liabilities or punishments to which he might otherwise... by such employee is relieved from liability or punishment therefor if, and only if, such activities... an employer of liability or punishment only with respect to activities of the kind described, which...

  13. 29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ..., this section relieves the employer from certain liabilities or punishments to which he might otherwise... by such employee is relieved from liability or punishment therefor if, and only if, such activities... an employer of liability or punishment only with respect to activities of the kind described, which...

  14. 29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ..., this section relieves the employer from certain liabilities or punishments to which he might otherwise... by such employee is relieved from liability or punishment therefor if, and only if, such activities... an employer of liability or punishment only with respect to activities of the kind described, which...

  15. Superfund awakes in state supreme courts

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

    Sutherland, D.

    1998-01-01

    Superfund, often referred to as a sleeping giant, is waking up in state courts with rulings the insurance industry is on the hook for a large share of the nation`s environmental cleanup. While Congress has been quagmired in legislative reauthorization attempts, 40% of the state supreme courts (20 states) have passed laws favoring policyholders of comprehensive general liability insurance (CGL) to be compensated for their cleanup and litigation costs. These rulings vary in terms from state to state, but their collective action is giving the insurance industry grave concerns because of the increase in settlements with CGL policyholders.

  16. 22 CFR 151.6 - Authorized insurer.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Authorized insurer. 151.6 Section 151.6 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.6 Authorized insurer. The insurance must be issued by an insurer...

  17. 22 CFR 151.6 - Authorized insurer.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Authorized insurer. 151.6 Section 151.6 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.6 Authorized insurer. The insurance must be issued by an insurer...

  18. 22 CFR 151.6 - Authorized insurer.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Authorized insurer. 151.6 Section 151.6 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.6 Authorized insurer. The insurance must be issued by an insurer...

  19. 22 CFR 151.6 - Authorized insurer.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Authorized insurer. 151.6 Section 151.6 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.6 Authorized insurer. The insurance must be issued by an insurer...

  20. 22 CFR 151.6 - Authorized insurer.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Authorized insurer. 151.6 Section 151.6 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.6 Authorized insurer. The insurance must be issued by an insurer...

  1. 78 FR 57875 - Notice of Availability of the Draft Southeast Missouri Ozarks Regional Restoration Plan and...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-09-20

    ....S. Fish and Wildlife Service (FWS); the United States Department of Agriculture (USDA), acting... Agriculture establishes a Trustee Council charged with developing and implementing a restoration plan for... the environment. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA...

  2. Actuarial Valuation.

    ERIC Educational Resources Information Center

    Teachers Retirement System of Louisiana, Baton Rouge.

    This report presents the results of the actuarial valuation of assets and liabilities as well as funding requirements for the Teachers Retirement System of Louisiana as of June 30, 1996. Data reported include current funding, actuarial assets and valuation assets. These include the Louisiana State University Agriculture and Extension Service Fund,…

  3. 12 CFR 367.2 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ...) Affiliated business entity means a company that is under the control of the contractor, is in control of the... offense or liability by any court of competent jurisdiction in the United States. (d) Company means any... completion and which rescission or termination involved issues of conflicts of interest or ethical...

  4. 7 CFR 1900.101 - General.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... GENERAL Applicability of Federal Law § 1900.101 General. This subpart provides Agency policy concerning: (a) The applicability of Federal rather than State Law in the conduct of Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354 operations, and (b) The liability of an...

  5. 7 CFR 1900.101 - General.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... GENERAL Applicability of Federal Law § 1900.101 General. This subpart provides Agency policy concerning: (a) The applicability of Federal rather than State Law in the conduct of Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354 operations, and (b) The liability of an...

  6. Israel: Strategic Asset or Strategic Liability?

    DTIC Science & Technology

    2013-04-23

    Martin Fletcher, an NBC News correspondent, with a Palestinian man in Ramallah, Israel. During the interview, Mustafa al Khteeb says, “I cannot feed my...Kilometers Petra Qunaltlra Syria Az-Zarqa . • Jordan AI Karak CJ - Arab State/Palestine Jewish State{Israel Corpus Separatum/ Jerusalem BASED...and Walt, The Israel Lobby and U.S. Foreign Policy, 53. 129 Ibid., 53-4. 130 Ibid., 54. 131 Martin Fletcher, “Not Welcome: Disappointment Greets

  7. 75 FR 47626 - Notice of Lodging of Consent Decree Under Comprehensive Environmental Response, Compensation and...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-08-06

    ... Judgment in United States v. B.C.F. Oil Refining Inc., et al., No. CV- 05-0562, was lodged with the United States District Court for the Eastern District of New York. The complaint was filed against B.C.F. Oil... Liability Act of 1980 (``CERCLA''), as amended, 42 U.S.C. 9607(a), in connection with the B.C.F. Oil...

  8. 31 CFR 50.90 - Cap on annual liability.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Cap on annual liability. 50.90 Section 50.90 Money and Finance: Treasury Office of the Secretary of the Treasury TERRORISM RISK INSURANCE PROGRAM Cap on Annual Liability § 50.90 Cap on annual liability. Pursuant to Section 103 of the Act, if...

  9. 29 CFR 4062.7 - Calculating interest on liability and refunds of overpayments.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... termination date, on any unpaid portion of the liability. Such interest accrues at the rate set forth in... amount of liability under this part, the PBGC shall refund the excess amount, with interest at the rate... compounded daily. (c) Interest rate. The interest rate on liability under this part and refunds thereof is...

  10. 26 CFR 1.338-5 - Adjusted grossed-up basis.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... target. AGUB is the amount for which new target is deemed to have purchased all of its assets in the... (iii) The liabilities of new target. (2) Time and amount of AGUB—(i) Original determination. AGUB is...) Liabilities of new target—(1) In general. The liabilities of new target are the liabilities of target as of...

  11. 26 CFR 1.338-5 - Adjusted grossed-up basis.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... target. AGUB is the amount for which new target is deemed to have purchased all of its assets in the... (iii) The liabilities of new target. (2) Time and amount of AGUB—(i) Original determination. AGUB is...) Liabilities of new target—(1) In general. The liabilities of new target are the liabilities of target as of...

  12. 26 CFR 1.338-5 - Adjusted grossed-up basis.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... the amount for which new target is deemed to have purchased all of its assets in the deemed purchase... (iii) The liabilities of new target. (2) Time and amount of AGUB—(i) Original determination. AGUB is...) Liabilities of new target—(1) In general. The liabilities of new target are the liabilities of target as of...

  13. 12 CFR 360.8 - Method for determining deposit and other liability account balances at a failed insured...

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... liability account balances at a failed insured depository institution. 360.8 Section 360.8 Banks and Banking... RECEIVERSHIP RULES § 360.8 Method for determining deposit and other liability account balances at a failed... FDIC will use to determine deposit and other liability account balances for insurance coverage and...

  14. 12 CFR 360.8 - Method for determining deposit and other liability account balances at a failed insured...

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... liability account balances at a failed insured depository institution. 360.8 Section 360.8 Banks and Banking... RECEIVERSHIP RULES § 360.8 Method for determining deposit and other liability account balances at a failed... FDIC will use to determine deposit and other liability account balances for insurance coverage and...

  15. 75 FR 48994 - Records Schedules; Availability and Request for Comments

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-08-12

    ..., asbestos liability, civil rights-- employment, civil rights--housing/accommodations, civil rights-- welfare..., product liability, asbestos liability, civil rights-- employment, civil rights--housing/accommodations...

  16. Sanitizing Rhetorics of the Commercial Blood Plasma Industry.

    ERIC Educational Resources Information Center

    Anderson, Leon; Moser, Christina

    The United States blood plasma industry uses various rhetorics to access donors and markets its products while managing its stigma and potential legal liability. The industry includes both the public "nonprofit" sector and the private, for-profit blood collection and manufacturing businesses owned by pharmaceutical companies that rely on…

  17. The Legal Implications of Administrative Decision-Making.

    ERIC Educational Resources Information Center

    Bender, Louis W.

    Administrative decision-making encompasses three levels on which increasing legal challenges and liability and their implications need to be considered. At the local level, this may involve violations of procedural due process. A second level concerns state laws and regulations. Line administrators, who frequently make decisions on programs,…

  18. The Spratly Islands: A Brewing Flashpoint in Asia

    DTIC Science & Technology

    1994-06-01

    of India; Petro Canada; Petrofina of Belgium; Petronas , a Malaysian state-owned oil company; SCEPTER Resources of Canada; and a consortium led by SECAB...liabilities. Like champion athletes in an endurance race, great powers need to choose wisely when they draft their competitors and when they lead- when they let

  19. 26 CFR 301.6361-1 - Collection and administration of qualified taxes.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... (Employee's Withholding Allowance Certificate) and W-4P (Annuitant's Request for Income Tax Withholding... to which any amount was currently collected from the taxpayer's income (including collection by... tax law against the tax imposed by such law for a taxpayer's tax liability to another State or a...

  20. 45 CFR 2553.43 - What cost reimbursements are provided to RSVP volunteers?

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ...: (1) Accident insurance. Accident insurance covers RSVP volunteers for personal injury during travel...) Excess automobile liability insurance. (i) For RSVP volunteers who drive in connection with their service... volunteers carry on their own automobiles; or (B) The limits of applicable state financial responsibility law...

  1. 45 CFR 2553.43 - What cost reimbursements are provided to RSVP volunteers?

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ...: (1) Accident insurance. Accident insurance covers RSVP volunteers for personal injury during travel...) Excess automobile liability insurance. (i) For RSVP volunteers who drive in connection with their service... volunteers carry on their own automobiles; or (B) The limits of applicable state financial responsibility law...

  2. 45 CFR 2553.43 - What cost reimbursements are provided to RSVP volunteers?

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ...: (1) Accident insurance. Accident insurance covers RSVP volunteers for personal injury during travel...) Excess automobile liability insurance. (i) For RSVP volunteers who drive in connection with their service... volunteers carry on their own automobiles; or (B) The limits of applicable state financial responsibility law...

  3. 45 CFR 2553.43 - What cost reimbursements are provided to RSVP volunteers?

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ...: (1) Accident insurance. Accident insurance covers RSVP volunteers for personal injury during travel...) Excess automobile liability insurance. (i) For RSVP volunteers who drive in connection with their service... volunteers carry on their own automobiles; or (B) The limits of applicable state financial responsibility law...

  4. 45 CFR 2553.43 - What cost reimbursements are provided to RSVP volunteers?

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ...: (1) Accident insurance. Accident insurance covers RSVP volunteers for personal injury during travel...) Excess automobile liability insurance. (i) For RSVP volunteers who drive in connection with their service... volunteers carry on their own automobiles; or (B) The limits of applicable state financial responsibility law...

  5. 22 CFR 151.8 - Evidence of insurance for motor vehicles.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Evidence of insurance for motor vehicles. 151.8 Section 151.8 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.8 Evidence of insurance for motor vehicles...

  6. 22 CFR 151.7 - Policy terms consistent with the Act.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Policy terms consistent with the Act. 151.7 Section 151.7 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.7 Policy terms consistent with the Act. (a...

  7. 22 CFR 151.3 - Types of insurance coverage required.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Types of insurance coverage required. 151.3 Section 151.3 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.3 Types of insurance coverage required. (a...

  8. 22 CFR 151.3 - Types of insurance coverage required.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Types of insurance coverage required. 151.3 Section 151.3 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.3 Types of insurance coverage required. (a...

  9. 22 CFR 151.7 - Policy terms consistent with the Act.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Policy terms consistent with the Act. 151.7 Section 151.7 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.7 Policy terms consistent with the Act. (a...

  10. 22 CFR 151.8 - Evidence of insurance for motor vehicles.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Evidence of insurance for motor vehicles. 151.8 Section 151.8 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.8 Evidence of insurance for motor vehicles...

  11. 22 CFR 151.7 - Policy terms consistent with the Act.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Policy terms consistent with the Act. 151.7 Section 151.7 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.7 Policy terms consistent with the Act. (a...

  12. 22 CFR 151.4 - Minimum limits for motor vehicle insurance.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Minimum limits for motor vehicle insurance. 151.4 Section 151.4 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.4 Minimum limits for motor vehicle...

  13. 22 CFR 151.7 - Policy terms consistent with the Act.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Policy terms consistent with the Act. 151.7 Section 151.7 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.7 Policy terms consistent with the Act. (a...

  14. 22 CFR 151.3 - Types of insurance coverage required.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Types of insurance coverage required. 151.3 Section 151.3 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.3 Types of insurance coverage required. (a...

  15. 22 CFR 151.8 - Evidence of insurance for motor vehicles.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Evidence of insurance for motor vehicles. 151.8 Section 151.8 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.8 Evidence of insurance for motor vehicles...

  16. 22 CFR 151.4 - Minimum limits for motor vehicle insurance.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Minimum limits for motor vehicle insurance. 151.4 Section 151.4 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.4 Minimum limits for motor vehicle...

  17. 22 CFR 151.3 - Types of insurance coverage required.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Types of insurance coverage required. 151.3 Section 151.3 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.3 Types of insurance coverage required. (a...

  18. 22 CFR 151.3 - Types of insurance coverage required.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Types of insurance coverage required. 151.3 Section 151.3 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.3 Types of insurance coverage required. (a...

  19. 22 CFR 151.8 - Evidence of insurance for motor vehicles.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Evidence of insurance for motor vehicles. 151.8 Section 151.8 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.8 Evidence of insurance for motor vehicles...

  20. 22 CFR 151.8 - Evidence of insurance for motor vehicles.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Evidence of insurance for motor vehicles. 151.8 Section 151.8 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.8 Evidence of insurance for motor vehicles...

  1. 22 CFR 151.4 - Minimum limits for motor vehicle insurance.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Minimum limits for motor vehicle insurance. 151.4 Section 151.4 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.4 Minimum limits for motor vehicle...

  2. 22 CFR 151.7 - Policy terms consistent with the Act.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Policy terms consistent with the Act. 151.7 Section 151.7 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.7 Policy terms consistent with the Act. (a...

  3. 22 CFR 151.4 - Minimum limits for motor vehicle insurance.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Minimum limits for motor vehicle insurance. 151.4 Section 151.4 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.4 Minimum limits for motor vehicle...

  4. 22 CFR 151.4 - Minimum limits for motor vehicle insurance.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Minimum limits for motor vehicle insurance. 151.4 Section 151.4 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.4 Minimum limits for motor vehicle...

  5. 33 CFR 133.11 - Request: Contents.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Request: Contents. 133.11 Section 133.11 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; STATE ACCESS § 133.11 Request: Contents. In making a request...

  6. 48 CFR 1828.311-1 - Contract clause.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Contract clause. 1828.311-1 Section 1828.311-1 Federal Acquisition Regulations System NATIONAL AERONAUTICS AND SPACE ADMINISTRATION... its offer that it is totally immune from tort liability as a State agency or as a charitable...

  7. Library Records: A Review of Confidentiality Laws and Policies.

    ERIC Educational Resources Information Center

    Million, Angela C.; Fisher, Kim N.

    1986-01-01

    Cites the importance of having a state law, knowing what it says, and having a library policy statement regarding the confidentiality of patron records. Discussion covers writing and implementing a policy, the role of automation, existing laws, library records defined, exceptions to confidentiality, and legal liability. Thirty-seven references are…

  8. Who Will Put Humpty Together Again? Professional Liability under Canadian and Ontario Special Law.

    ERIC Educational Resources Information Center

    Wilson, Anne Keeton; Usher, Leila

    1985-01-01

    The authors question whether mandatory special education in Ontario is likely to result in increased litigation against school boards. Two areas of educational litigation, negligence claims and appeal hearings, are examined taking into consideration cases from Canada and the United States. (Author)

  9. 26 CFR 301.7624-1 - Reimbursement to State and local law enforcement agencies.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... contributes to the recovery of Federal taxes imposed with respect to illegal drug or related money laundering... law enforcement agency substantially contributed to the recovery of taxes with respect to illegal drug... but otherwise uncollectable Federal tax liability with respect to illegal drug or related money...

  10. To amend the limitation on liability for certain passenger rail accidents or incidents under section 28103 of title 49, United States Code, and for other purposes.

    THOMAS, 111th Congress

    Rep. Gallegly, Elton [R-CA-24

    2010-09-16

    House - 09/17/2010 Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  11. Legal Issues & Education Technology: A School Leader's Guide.

    ERIC Educational Resources Information Center

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

    Rapid development of new technologies has outpaced the development of related law, leaving educators in doubt about the management of copyright, privacy, liability, and security. A key provision of facilitating a healthy and safe environment for technology use is the school district's "Acceptable Use Policy" (AUP), which states that use…

  12. 12 CFR 741.8 - Purchase of assets and assumption of liabilities.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... banks, consumer finance companies, insurance companies, loan brokers, and other loan sellers or... corporate credit union seeking approval under paragraph (a) of this section must submit a letter to the Office of Corporate Credit Unions. The letter must request approval and state the nature of the...

  13. The Control of Hazardous Wastes and the Role of Environmental Educators.

    ERIC Educational Resources Information Center

    Pfortner, Ray

    1984-01-01

    Discusses legislation aimed at hazardous waste issues which are implemented by the Environmental Protection Agency and state governments. Particular attention is given to Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). A case study of an abandoned acres superfund site is included with two related student…

  14. 12 CFR 28.15 - Capital equivalency deposits.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... provided by the OCC, a foreign bank's capital equivalency deposits (CED) must consist of: (i) Investment... or agency in a state, it shall determine the CED and the amount of liabilities requiring capital... cases or otherwise, that a foreign bank increase its CED above the minimum amount. For example, the OCC...

  15. 12 CFR 28.15 - Capital equivalency deposits.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... provided by the OCC, a foreign bank's capital equivalency deposits (CED) must consist of: (i) Investment... or agency in a state, it shall determine the CED and the amount of liabilities requiring capital... cases or otherwise, that a foreign bank increase its CED above the minimum amount. For example, the OCC...

  16. Student Suicide and Colleges' Liability

    ERIC Educational Resources Information Center

    Smith, Robert B.; Fleming, Dana L.

    2007-01-01

    Virginia recently became the first state to pass legislation that bars public colleges and universities from punishing or expelling students "solely for attempting to commit suicide, or seeking mental-health treatment for suicidal thoughts or behaviors." While well intentioned, the law adds nothing to current law and will, in fact, make…

  17. Use of intermediaries in DWI deterrence. Volume 3, Dram shop acts, common law liability and state alcoholic beverage control (ABC) enforcement as potential DWI countermeasures

    DOT National Transportation Integrated Search

    1983-04-01

    Many trips undertaken by alcohol-impaired drivers originate at public drinking establishments: bars, taverns, nightclubs, restaurants, etc. The managers and service personnel (bartenders, waiters, waitresses) in these establishments could play a role...

  18. 29 CFR 553.106 - Payment of expenses, benefits, or fees.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... group insurance plans (such as liability, health, life, disability, workers' compensation) or pension plans or “length of service” awards, commonly or traditionally provided to volunteers of State and local... of a nominal amount on a “per call” or similar basis to volunteer firefighters. The following factors...

  19. 77 FR 31415 - Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing and Immediate Effectiveness of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-05-25

    ... ``Company'' to be redefined to mean ``NYSE MKT LLC.'' Article 1, Section 1.01 of the Operating Agreement would be revised to state the name of the limited liability company as ``NYSE MKT LLC,'' and in Article... ``Amex Trading Permit,'' ``ATP [[Page 31416

  20. 33 CFR 136.1 - Purpose and applicability.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ...) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; CLAIMS... Pollution Act of 1990 (the Act) (33 U.S.C. 2713) for certain uncompensated removal costs or uncompensated... requirements with respect to— (i) The discharge of oil or other pollution by oil within such State; or (ii) Any...

  1. 33 CFR 136.1 - Purpose and applicability.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ...) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; CLAIMS... Pollution Act of 1990 (the Act) (33 U.S.C. 2713) for certain uncompensated removal costs or uncompensated... requirements with respect to— (i) The discharge of oil or other pollution by oil within such State; or (ii) Any...

  2. 33 CFR 136.1 - Purpose and applicability.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ...) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; CLAIMS... Pollution Act of 1990 (the Act) (33 U.S.C. 2713) for certain uncompensated removal costs or uncompensated... requirements with respect to— (i) The discharge of oil or other pollution by oil within such State; or (ii) Any...

  3. 33 CFR 136.1 - Purpose and applicability.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ...) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; CLAIMS... Pollution Act of 1990 (the Act) (33 U.S.C. 2713) for certain uncompensated removal costs or uncompensated... requirements with respect to— (i) The discharge of oil or other pollution by oil within such State; or (ii) Any...

  4. 33 CFR 136.1 - Purpose and applicability.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ...) MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION OIL SPILL LIABILITY TRUST FUND; CLAIMS... Pollution Act of 1990 (the Act) (33 U.S.C. 2713) for certain uncompensated removal costs or uncompensated... requirements with respect to— (i) The discharge of oil or other pollution by oil within such State; or (ii) Any...

  5. 10 CFR 81.11 - Policy.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... such a license, due weight will be given to assisting small business and minority business enterprises... laws or from liability for patent misuse, and the acquisition and use of rights pursuant to this subpart shall not be immunized from the operation of State or Federal law by reason of the source of the...

  6. 77 FR 69827 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-11-21

    .... G. Demonstrating the Four Elements As part of the annual work plan negotiation process, states or... eligibility for funding, use of funding, grant mechanisms and process for awarding funding, the allocation... elements of an environmental response program and that the response program establishes and maintains a...

  7. 78 FR 45970 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-07-30

    ... addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to... States Treasury. Henry Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment... Environmental Response, Compensation, and Liability Act and the Clean Water Act On July 19, 2013, the Department...

  8. 32 CFR 842.124 - Waiver and compromise of United States interest.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    .... 842.124 Section 842.124 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE... legal representative when liability is questionable, the injured party received excessive treatment, or... than the jury verdict expectancy. When this occurs, the Air Force should consider settling its claim in...

  9. 32 CFR 842.124 - Waiver and compromise of United States interest.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    .... 842.124 Section 842.124 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE... legal representative when liability is questionable, the injured party received excessive treatment, or... than the jury verdict expectancy. When this occurs, the Air Force should consider settling its claim in...

  10. 32 CFR 842.124 - Waiver and compromise of United States interest.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    .... 842.124 Section 842.124 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE... legal representative when liability is questionable, the injured party received excessive treatment, or... than the jury verdict expectancy. When this occurs, the Air Force should consider settling its claim in...

  11. 32 CFR 842.124 - Waiver and compromise of United States interest.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    .... 842.124 Section 842.124 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE... legal representative when liability is questionable, the injured party received excessive treatment, or... than the jury verdict expectancy. When this occurs, the Air Force should consider settling its claim in...

  12. 26 CFR 301.7624-1 - Reimbursement to State and local law enforcement agencies.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... contributes to the recovery of Federal taxes imposed with respect to illegal drug or related money laundering... law enforcement agency substantially contributed to the recovery of taxes with respect to illegal drug... but otherwise uncollectible Federal tax liability with respect to illegal drug or related money...

  13. 26 CFR 301.7624-1 - Reimbursement to State and local law enforcement agencies.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... contributes to the recovery of Federal taxes imposed with respect to illegal drug or related money laundering... law enforcement agency substantially contributed to the recovery of taxes with respect to illegal drug... but otherwise uncollectible Federal tax liability with respect to illegal drug or related money...

  14. 26 CFR 301.7624-1 - Reimbursement to State and local law enforcement agencies.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... contributes to the recovery of Federal taxes imposed with respect to illegal drug or related money laundering... law enforcement agency substantially contributed to the recovery of taxes with respect to illegal drug... but otherwise uncollectible Federal tax liability with respect to illegal drug or related money...

  15. 40 CFR 264.141 - Definitions of terms as used in this subpart.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... during the normal operating cycle of the business. Current liabilities means obligations whose... occurrence means an occurrence which is not continuous or repeated in nature. (h) Substantial business relationship means the extent of a business relationship necessary under applicable State law to make a...

  16. 22 CFR 1203.735-216 - Miscellaneous statutory provisions.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Section 1203.735-216 Foreign Relations UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY EMPLOYEE... employee's ethical and other conduct as an agency employee of and of the Government. (a) The attention of... American citizens (22 U.S.C. 1198), and liability for falsely certifying as to the ownership of property...

  17. 75 FR 51166 - Departmental Offices; Proposed Collections; Comment Requests

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-08-18

    ... awareness of the importance of collecting economic and financial data, including more frequent and accurate data regarding each country's external claims and liabilities. As a result, the United States needs to collect certain data on a more frequent and accurate basis, including monthly holdings of long-term...

  18. 48 CFR 252.247-7007 - Liability and insurance.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Text... suits, demands, claims, or actions, in which the United States might be named as a co-defendant of the... without regard to whether such suit, demand, claim, or action was the result of the Contractor's...

  19. 48 CFR 252.247-7007 - Liability and insurance.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Text... suits, demands, claims, or actions, in which the United States might be named as a co-defendant of the... without regard to whether such suit, demand, claim, or action was the result of the Contractor's...

  20. 48 CFR 252.247-7007 - Liability and insurance.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Text... suits, demands, claims, or actions, in which the United States might be named as a co-defendant of the... without regard to whether such suit, demand, claim, or action was the result of the Contractor's...

  1. 48 CFR 252.247-7007 - Liability and insurance.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Text... suits, demands, claims, or actions, in which the United States might be named as a co-defendant of the... without regard to whether such suit, demand, claim, or action was the result of the Contractor's...

  2. 26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2010-04-01 2010-04-01 false Limitation on reduction in income tax liability...

  3. 26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2013-04-01 2013-04-01 false Limitation on reduction in income tax liability...

  4. 26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2011-04-01 2011-04-01 false Limitation on reduction in income tax liability...

  5. 26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2012-04-01 2012-04-01 false Limitation on reduction in income tax liability...

  6. 26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2014-04-01 2013-04-01 true Limitation on reduction in income tax liability...

  7. 29 CFR 4219.13 - Amount of liability for de minimis amounts.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 29 Labor 9 2011-07-01 2011-07-01 false Amount of liability for de minimis amounts. 4219.13 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.13 Amount of liability for de minimis amounts. An employer that is liable for de minimis amounts shall be liable to the plan for the amount by which...

  8. 29 CFR 4219.13 - Amount of liability for de minimis amounts.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Amount of liability for de minimis amounts. 4219.13 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.13 Amount of liability for de minimis amounts. An employer that is liable for de minimis amounts shall be liable to the plan for the amount by which...

  9. 14 CFR § 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... agreements for science or space exploration activities unrelated to the International Space Station. § 1266...-WAIVER OF LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space... implement a cross-waiver of liability between the parties to agreements for NASA's science or space...

  10. Perception of legal liability by registered nurses in Korea.

    PubMed

    Kim, Ki-Kyong; Kim, In-Sook; Lee, Won-Hee

    2007-08-01

    Liability to the nursing profession is imperative if nurses are to act as an autonomous body. Assessing and communicating effectively is a vital part of nursing for patient safety. This study was designed to identify the attitudes of Korean nurses toward liability in assessment and communication and to investigate the relationship among the variables (i.e., legal awareness, attitudes toward doctor's duty to supervise nurses). The attitudes toward doctor's duty reflect the status of nurses' dependency on doctor's supervision. The study participants were 288 registered nurses in RN-BSN courses at two colleges in Korea. The level of legal awareness was measured using a 25-item Legal Awareness Questionnaire developed by the authors. The measuring instrument for attitudes toward doctor's duty to supervise nurses and nurses' liability was the Attitude toward Duty and Liability Questionnaire, which was modified by the authors. There were significant correlation between attitude toward doctor's duty and nurses' liability, but not between legal awareness and liability attitude. The results of this study suggest that the present educational content aimed at improving liability attitudes of nurses should be refocused with attitude-oriented education and should include an understanding of the increased accountability that comes with greater autonomy in nursing practice.

  11. 7 CFR 1773.45 - Regulatory liabilities.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

  12. 7 CFR 1773.45 - Regulatory liabilities.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

  13. 7 CFR 1773.45 - Regulatory liabilities.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

  14. 7 CFR 1773.45 - Regulatory liabilities.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

  15. 7 CFR 1773.45 - Regulatory liabilities.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

  16. National Costs Of The Medical Liability System

    PubMed Central

    Mello, Michelle M.; Chandra, Amitabh; Gawande, Atul A.; Studdert, David M.

    2011-01-01

    Concerns about reducing the rate of growth of health expenditures have reignited interest in medical liability reforms and their potential to save money by reducing the practice of defensive medicine. It is not easy to estimate the costs of the medical liability system, however. This article identifies the various components of liability system costs, generates national estimates for each component, and discusses the level of evidence available to support the estimates. Overall annual medical liability system costs, including defensive medicine, are estimated to be $55.6 billion in 2008 dollars, or 2.4 percent of total health care spending. PMID:20820010

  17. 75 FR 76946 - Demurrage Liability

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-12-10

    ... because the warehouseman--which otherwise has no incentive to agree to liability--can avoid liability... based on an unjust enrichment theory? The court rejected such an approach in Middle Atlantic, 353 F...

  18. Direct-to-consumer genetic testing for addiction susceptibility: a premature commercialisation of doubtful validity and value.

    PubMed

    Mathews, Rebecca; Hall, Wayne; Carter, Adrian

    2012-12-01

    Genetic research on addiction liability and pharmacogenetic research on treatments for addiction have identified some genetic variants associated with disease risk and treatment. Genetic testing for addiction liability and treatment response has not been used widely in clinical practice because most of the genes identified only modestly predict addiction risk or treatment response. However, many of these genetic tests have been commercialized prematurely and are available direct to the consumer (DTC). The easy availability of DTC tests for addiction liability and lack of regulation over their use raises a number of ethical concerns. Of paramount concern is the limited predictive power and clinical utility of these tests. Many DTC testing companies do not provide the consumer with the necessary genetic counselling to assist them in interpreting and acting on their test results. They may also engage in misleading marketing to entice consumers to purchase their products. Consumers' genetic information may be vulnerable to misuse by third parties, as there are limited standards to protect the privacy of the genetic information. Non-consensual testing and inappropriate testing of minors may also occur. The United States Food and Drug Administration plans to regulate DTC genetic tests. Based on the ethical concerns we discuss below, we believe there is a strong case for regulation of DTC genetic tests for addiction liability and treatment response. We argue that until this occurs, these tests have more potential to cause harm than to contribute to improved prevention and treatment of addiction. © 2012 The Authors, Addiction © 2012 Society for the Study of Addiction.

  19. Characteristics of medical professional liability claims in patients treated by family medicine physicians.

    PubMed

    Flannery, Frank T; Parikh, Parul Divya; Oetgen, William J

    2010-01-01

    This study describes a large database of closed medical professional liability (MPL) claims involving family physicians in the United States. The purpose of this report is to provide information for practicing family physicians that will be useful in improving the quality of care, thereby reducing the incidence of patient injury and the consequent frequency of MPL claims. The Physician Insurers Association of America (PIAA) established a registry of closed MPL claims in 1985. This registry contains data describing 239,756 closed claims in the United States through 2008. The registry is maintained for educational programs that are designed to improve quality of care and reduce patient injury MPL claims. We summarized this closed claims database. Of 239,756 closed claims, 27,556 (11.5%) involved family physicians. Of these 27,556 closed claims, 8797 (31.9%) resulted in a payment, and the average payment was $164,107. In the entire registry, 29.5% of closed claims were paid, and the average payment was $209,156. The most common allegation among family medicine closed claims was diagnostic error, and the most prevalent diagnosis was acute myocardial infarction, which represented 24.1% of closed claims with diagnostic errors. Diagnostic errors related to patients with breast cancer represented the next most common condition, accounting for 21.3% of closed claims with diagnostic errors. MPL issues are common and are important to all practicing family physicians. Knowledge of the details of liability claims should assist practicing family physicians in improving quality of care, reducing patient injury, and reducing the incidence of MPL claims.

  20. What Is Your Aquatics Liability IQ?

    ERIC Educational Resources Information Center

    Johnson, Ralph L.

    1984-01-01

    The author presents three court case studies and questions related to the cases, so that aquatic facility owners can test their liability perception. Recommendations are made in seven areas as defenses against aquatic liability. (JMK)

  1. Principles of laboratory assessment of drug abuse liability and implications for clinical development

    PubMed Central

    Carter, Lawrence P.; Griffiths, Roland R.

    2009-01-01

    Abuse liability testing plays an important role in informing drug development, regulatory processes, and clinical practice. This paper describes the current “gold standard” methodologies that are used for laboratory assessments of abuse liability in non-human and human subjects. Particular emphasis is given to procedures such as non-human drug discrimination, self-administration, and physical dependence testing, and human dose effect abuse liability studies that are commonly used in regulatory submissions to governmental agencies. The potential benefits and risks associated with the inclusion of measures of abuse liability in industry-sponsored clinical trials is discussed. Lastly, it is noted that many factors contribute to patterns of drug abuse and dependence outside of the laboratory setting and positive or negative signals in abuse liability studies do not always translate to high or low levels of actual abuse or dependence. Well-designed patient and physician education, pharmacovigilance, and postmarketing surveillance can reduce the diversion and misuse of drugs with abuse liability and can effectively foster the protection and promotion of public health. PMID:19443137

  2. Instructional Liability in Physical Education Teacher Education.

    ERIC Educational Resources Information Center

    Drowatzky, John N.

    A summary is presented of some of the ways that judicial decisions and laws have an impact on higher education and on public education. The sources of legal obligation that impose duties and responsibilities on teachers are discussed. These are: common law, contractual obligations, state laws, and federal laws. The legal definitions are given of…

  3. Regulatory Implications of Using Constructed Wetlands to Treat Selenium-Laden Wastewater

    Treesearch

    A. Dennis Lemly; Harry M. Ohlendorf

    2002-01-01

    The practice of using constructed wetlands to treat selenium-laden wastewater is gaining popularity in the linited States and elsewhere. However, proponents of treatment wetlands often overlook important ecological liabilities and regulatory implications when developing new methods and applications. Their research studies typically seek to answer a basic performance...

  4. Legal Handbook on School Athletics.

    ERIC Educational Resources Information Center

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

    In a recent opinion the Supreme Court of the United States recognized that for many communities "school sports play a prominent role." Whatever purpose they serve, school sports also raise a number of legal issues that a school district must carefully handle in order to operate its athletics program with minimal risk of liability. This handbook is…

  5. 77 FR 72907 - Western Washington Railroad, LLC-Lease and Operation Exemption-City of Tacoma, Department of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-06

    ..., 2012, Western Washington Railroad, LLC (WWRR), a Washington limited liability company and noncarrier... allow for interchange with WWRR, BNSF Railway Company, the Puget Sound and Pacific Railroad, and Union Pacific Railroad Company, and also over the entire line for emergency routing. WWRR states that the...

  6. Victimized Students: A Study of Sexual Harassment Liability in Higher Education

    ERIC Educational Resources Information Center

    Reinken, Michelle A.

    2010-01-01

    Bound by federal and state laws, which protect individuals from sex discrimination, public higher education institutions must respond to the challenge of eliminating sexual harassment on campus. Statistics published by the Equal Employment Opportunity Commission suggest that in spite of well-designed sexual harassment policies and action plans,…

  7. 22 CFR 151.11 - Notification of ownership, maintenance or use of vessel and/or aircraft; evidence of insurance.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Notification of ownership, maintenance or use of vessel and/or aircraft; evidence of insurance. 151.11 Section 151.11 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS...

  8. 22 CFR 151.11 - Notification of ownership, maintenance or use of vessel and/or aircraft; evidence of insurance.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Notification of ownership, maintenance or use of vessel and/or aircraft; evidence of insurance. 151.11 Section 151.11 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS...

  9. 22 CFR 151.11 - Notification of ownership, maintenance or use of vessel and/or aircraft; evidence of insurance.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Notification of ownership, maintenance or use of vessel and/or aircraft; evidence of insurance. 151.11 Section 151.11 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS...

  10. 22 CFR 151.10 - Minimum limits of insurance for aircraft and/or vessels.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Minimum limits of insurance for aircraft and/or vessels. 151.10 Section 151.10 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.10 Minimum limits of insurance for...

  11. 22 CFR 151.10 - Minimum limits of insurance for aircraft and/or vessels.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Minimum limits of insurance for aircraft and/or vessels. 151.10 Section 151.10 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.10 Minimum limits of insurance for...

  12. 22 CFR 151.10 - Minimum limits of insurance for aircraft and/or vessels.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 22 Foreign Relations 1 2013-04-01 2013-04-01 false Minimum limits of insurance for aircraft and/or vessels. 151.10 Section 151.10 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.10 Minimum limits of insurance for...

  13. 22 CFR 151.10 - Minimum limits of insurance for aircraft and/or vessels.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Minimum limits of insurance for aircraft and/or vessels. 151.10 Section 151.10 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.10 Minimum limits of insurance for...

  14. 22 CFR 151.10 - Minimum limits of insurance for aircraft and/or vessels.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 22 Foreign Relations 1 2014-04-01 2014-04-01 false Minimum limits of insurance for aircraft and/or vessels. 151.10 Section 151.10 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS AND PERSONNEL § 151.10 Minimum limits of insurance for...

  15. 22 CFR 151.11 - Notification of ownership, maintenance or use of vessel and/or aircraft; evidence of insurance.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 22 Foreign Relations 1 2012-04-01 2012-04-01 false Notification of ownership, maintenance or use of vessel and/or aircraft; evidence of insurance. 151.11 Section 151.11 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS...

  16. 22 CFR 151.11 - Notification of ownership, maintenance or use of vessel and/or aircraft; evidence of insurance.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 22 Foreign Relations 1 2011-04-01 2011-04-01 false Notification of ownership, maintenance or use of vessel and/or aircraft; evidence of insurance. 151.11 Section 151.11 Foreign Relations DEPARTMENT OF STATE DIPLOMATIC PRIVILEGES AND IMMUNITIES COMPULSORY LIABILITY INSURANCE FOR DIPLOMATIC MISSIONS...

  17. Report: Final Audit of Financial Statements of Nevada Drinking Water State Revolving Fund for the year ended June 30, 2001

    EPA Pesticide Factsheets

    Report #2003-1-00048, Jan 21, 2003. The Program’s financial statements are presented as an enterprise fund using the accrual method of accounting whereby revenues are recorded when earned and expenses are recorded when the related liability is incurred.

  18. 48 CFR 52.212-4 - Contract Terms and Conditions-Commercial Items.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity..., any United States or foreign patent, trademark or copyright, arising out of the performance of this... the accuracy and completeness of the data within the SAM database, and for any liability resulting...

  19. 48 CFR 52.212-4 - Contract Terms and Conditions-Commercial Items.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ...) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent... infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of... completeness of the data within the CCR database, and for any liability resulting from the Government's...

  20. A bill to amend the limitation on liability for certain passenger rail accidents or incidents under section 28103 of title 49, United States Code, and for other purposes.

    THOMAS, 111th Congress

    Sen. Feinstein, Dianne [D-CA

    2010-11-29

    Senate - 11/29/2010 Read twice and referred to the Committee on Commerce, Science, and Transportation. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

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