Civil Wrongs: Personal Injury Law in the Late 19th Century

1987 ◽  
Vol 12 (2-3) ◽  
pp. 351-378 ◽  
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Federal District ◽  
Tort Law ◽  
Personal Injury ◽  
District Court ◽  
Alameda County ◽  
Accident Compensation ◽  
Period 1880 ◽  
Low Expectations ◽  
Street Railways ◽  
Full Trial

This is a report of data drawn from a study of personal injury actions in the Superior Court of Alameda County, California, and in the federal district court for Northern California, for the period 1880–1900. Tort actions, in this period, were relatively uncommon compared to the number of accidents. The most frequent type of action was against common carriers—railroads and street railways. Malpractice actions were rare. Most fired cases were settled or dropped out before full trial and jury verdict. Though plaintiffs won damages in most jury cases, the overall finding is that the system provided little compensation for most victims of accidents. Tort law and practice disfavored passengers less than employees or “trespassers.” Three types of barrier blocked the path to compensation: legal doctrines which made recovery difficult; an accident-compensation system which, especially for workers, discouraged enforcement of claims; and the legal culture, which was a culture of low expectations.

scholarly journals The Australian Picture

2004 ◽  
Vol 35 (4) ◽  
pp. 879
Author(s):  
Harold Luntz
Keyword(s):  
New South ◽  
New South Wales ◽  
Tort Law ◽  
Personal Injury ◽  
Committee Report ◽  
Major Health ◽  
High Profile ◽  
South Wales ◽  
Accident Compensation ◽  
Health Insurers

Australia faces a climate of change with accident compensation following recent high profile personal injury cases, the collapse of two major health insurers, and the release of the Ipp Committee Report. This paper follows Australia's response to these developments, focusing on New South Wales' initial reform of tort law, and suggests that the current and proposed changes may cause more harm to an already fragile system.

Medicaid & Medicare: D.C. Appellate Court Denies Claim for Medicare Reimbursement of GME Cost

1999 ◽  
Vol 27 (2) ◽  
pp. 205-205
Author(s):  
choeffel Amy
Keyword(s):  
Medical Center ◽  
Federal District ◽  
Federal Court ◽  
University Of Pennsylvania ◽  
District Court ◽  
Appellate Court ◽  
Court Of Appeals ◽  
Department Of Health ◽  
Administrative Proceedings ◽  
Summary Judgment

The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.

The Impact of Claims Management, Treatment, and Rehabilitation on Recovery and Return to Independence

2012 ◽  
Vol 7 ◽  
pp. 35-39 ◽  
Author(s):  
Liz Cairns ◽  
Maree Dyson ◽  
Sally Canobi ◽  
Nic Vipond
Keyword(s):  
Financial Performance ◽  
Best Practice ◽  
Personal Injury ◽  
Quality Information ◽  
Client Outcomes ◽  
Evaluation Program ◽  
Accident Compensation ◽  
Serious Injury ◽  
The Impact

The use of contemporaneous evaluation in personal injury insurance enables schemes to maintain and enhance their viability through access to quality information on cost, liabilities and outcomes. Best practice in research programs in the sector requires data on client outcomes and financial performance to be collected. This article presents a case study of the research and evaluation program for the National Serious Injury Service of New Zealand's Accident Compensation Corporation.

LIQUOR INDUSTRY BIRTH DEFECT SUITS

PEDIATRICS ◽  
1989 ◽  
Vol 84 (3) ◽  
pp. A54-A54
Author(s):  
J. F. L.
Keyword(s):  
Birth Defects ◽  
Birth Defect ◽  
Public Attitudes ◽  
Alcoholic Beverage ◽  
Federal District ◽  
District Court ◽  
Fetal Alcohol ◽  
Duty To Warn ◽  
Beverage Industry ◽  
Specific Health

Seattle, April 20—Already faced with declining sales and increasingly hostile public attitudes, the alcoholic beverage industry is bracing for the first in a series of trials in which they are blamed for causing birth defects. The nation's first lawsuit on behalf of children suffering from fetal alcohol syndrome, a birth defect that is the leading known cause of mental retardation, is scheduled to go to trial Monday in Federal District Court here. In the suit, two parents who admit they are alcoholics say a distiller's failure to warn of the link between moderate or heavy whisky consumption and birth defects was the cause of their child's impairment. The suit alleges that liquor manufacturers have a duty to warn consumers that drinking during pregnancy can lead to birth defects. Lawyers for the distiller argue that, because most people already know of the dangers of drinking, the company had no duty to warn of the specific health hazards.

Evidence of Perjury and a New Petition

2020 ◽  
pp. 208-222
Author(s):  
Paul J. Magnarella
Keyword(s):  
Kansas City ◽  
Federal District ◽  
District Court ◽  
Federal District Court ◽  
Do So

Attorney Paul Magnarella filed another petition with the Federal District Court asserting that during O’Neal’s 1970 trial, Jean Young, a key witness for the prosecution, had falsely claimed to have forgotten that she had received numerous payments from the FBI for information. Alcohol, Tobacco, and Firearms Agent James Moore lied on the witness stand when he said he had not heard of Jean Young receiving FBI payments for information. FBI records established that Jean M. Young had gone by at least seven different surnames, had been arrested three times by Kansas City, Missouri, police, had received a total of fourteen payments from the FBI for information, and had provided information to the FBI on Pete O’Neal. ATF agent Moore testified that he did not know of Young’s paid informant status, even though he later would write that both Young and an FBI agent had told him before the 1970 trial that Young was a paid informant. Magnarella argued that the prosecution was required to reveal to the judge, jury, and defense any evidence that reflects negatively on its witnesses. Failure to do so should result in a new trial.

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