Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- St. Mary's University (4)
- Northwestern Pritzker School of Law (3)
- Pepperdine University (3)
- Seattle University School of Law (3)
- University of Massachusetts School of Law (3)
-
- University of Richmond (3)
- American Dental Association (2)
- Cleveland State University (2)
- Universitas Indonesia (2)
- American University Washington College of Law (1)
- Chicago-Kent College of Law (1)
- Fordham Law School (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Mitchell Hamline School of Law (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- Saint Louis University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Michigan Law School (1)
- University of Nevada, Las Vegas (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- St. Mary's Law Journal (4)
- Seattle University Law Review (3)
- University of Massachusetts Law Review (3)
- University of Richmond Law Review (3)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (2)
-
- Journal of Law and Health (2)
- Northwestern Journal of Law & Social Policy (2)
- Pepperdine Law Review (2)
- The Journal of the Michigan Dental Association (2)
- American University Journal of Gender, Social Policy & the Law (1)
- Catholic University Law Review (1)
- Chicago-Kent Law Review (1)
- Dickinson Law Review (2017-Present) (1)
- Fordham Journal of Corporate & Financial Law (1)
- Georgia State University Law Review (1)
- Indiana Law Journal (1)
- Journal of Health Disparities Research and Practice (1)
- Michigan Law Review (1)
- Mitchell Hamline Law Review (1)
- Northwestern University Law Review (1)
- Pace Law Review (1)
- Saint Louis University Journal of Health Law & Policy (1)
- The Journal of Business, Entrepreneurship & the Law (1)
- Touro Law Review (1)
- William & Mary Law Review (1)
Articles 31 - 39 of 39
Full-Text Articles in Law
Setting The Limits In Texas Construction Law: A Look At The Surety's Limitations Under Indemnity Agreements And Equitable Subrogation Comment., John C. Warren
Setting The Limits In Texas Construction Law: A Look At The Surety's Limitations Under Indemnity Agreements And Equitable Subrogation Comment., John C. Warren
St. Mary's Law Journal
To clarify divergent case law, Texas courts should adopt good faith as the necessary standard governing indemnity agreements. Texas court decisions limiting settlement of bond claims by sureties can be split into three categories: (1) those cases where indemnity agreements fail to vest authority in the indemnitee to settle claims or require a good faith standard; (2) those expressly stating indemnitees have authority to settle claims in good faith; and (2) those expressly vesting a surety with exclusive rights to determine which bonded claims should be settled. Under the first line of cases courts apply common law indemnity principles requiring …
Putting Health Care Providers At A Loss And Consumers At Risk: Why Hmos Should Be Held Accountable For The Financial Instability Of Their Delegated Networks., Anish P. Michael
Putting Health Care Providers At A Loss And Consumers At Risk: Why Hmos Should Be Held Accountable For The Financial Instability Of Their Delegated Networks., Anish P. Michael
St. Mary's Law Journal
This Comment explores why health maintenance organizations (HMOs) such as PacifiCare should be held accountable for the financial instabilities of their delegated networks. Part II discusses the organization of the managed care system and the assessment of Texas laws currently enforcing managed care in the state. Incorporated in this discussion is a look at the risks delegated networks bear when contracting with HMOs to provide payment for individualized care. Part III analyzes the increasing trend of financial instability by presenting the views of the HMOs, the delegated networks, the health care providers, and the consumers enrolled in the health plan. …
Routine Patient Care In Clinical Trials: Whose Cost Is It Anyway?, Dina Berlyn
Routine Patient Care In Clinical Trials: Whose Cost Is It Anyway?, Dina Berlyn
Journal of Law and Health
This article examines the issue of coverage for routine medical expenses for clinical trial patients by third party payers from both a medical and political policy perspective. It is critical for patients, investigators, and sponsors to know who is responsible for paying these costs. This issue affects the willingness of patients to enter clinical trials and has the potential to affect which diseases will be the subjects of clinical trials. This presentation first summarizes the basics of clinical trials and then explores the definition of routine care in clinical trials. Medicare reimbursement, an issue that has been the subject of …
Experimental Medical Treatments: Who Should Decide Coverage?, Jody C. Collins
Experimental Medical Treatments: Who Should Decide Coverage?, Jody C. Collins
Seattle University Law Review
To illustrate the controversy surrounding experimental treatment provisions in general, this Comment examines the case law and resulting legislation pertaining to HDC-ABMT as a treatment for breast cancer. Part I presents background information on autologous bone marrow transplants generally, and how the treatment relates specifically to breast cancer patients. Part II presents a survey of current law regarding coverage of HDC-ABMT for breast cancer. Part III explores the merits and limits of judicial and legislative determinations of whether a particular treatment is covered under an insurance policy. Part III then concludes that while judicial and legislative intervention may be appropriate, …
So Long Sweetheart - State Farm Fire & (And) Casualty Co. V. Gandy Swings The Pendulum Further To The Right As The Latest In A Line Of Setbacks For Texas Plaintiffs., Timothy D. Howell
So Long Sweetheart - State Farm Fire & (And) Casualty Co. V. Gandy Swings The Pendulum Further To The Right As The Latest In A Line Of Setbacks For Texas Plaintiffs., Timothy D. Howell
St. Mary's Law Journal
Some legal commentators would analogize the description of the prisoner of The Pit and the Pendulum to modern tort law and policy. Like a pendulum, tort law is always in motion, swinging between two ideologies: those being the plaintiff-oriented rights of the 1970s-80s, and the tort-reforms which began in the mid-80s. This trend continued until the 1990s and the decision of State Farm Fire & Casualty Co. v. Gandy where Texas plaintiffs began experiencing setbacks. The Gandy decision likely curtails the use of the “sweetheart deal” a practice, in which an insured defendant first settles with the plaintiff, then assigns …
Medical Malpractice: Facing Real Problems And Finding Real Solutions, Michael J. Saks
Medical Malpractice: Facing Real Problems And Finding Real Solutions, Michael J. Saks
William & Mary Law Review
No abstract provided.
The Use Of Genetic Information For Nonmedical Purposes, Mark A. Rothstein
The Use Of Genetic Information For Nonmedical Purposes, Mark A. Rothstein
Journal of Law and Health
When one thinks about the use of genetic information by third parties for nonmedical purposes, one of the first things that comes to mind is the question of how the third party can gain access to the information. There are three main ways. First, and most importantly, the third party may obtain records developed in the clinical setting. In other words, if someone wants a job or insurance, that person may be required to sign a release authorizing the third party to access those records. Second, the genetic records might be obtained through a genetic data bank. Third, the third …
Private Cause Of Action For Unfair Insurance Claim Settlement Practices Exists Under Texas Deceptive Trade Practices Act And Insurance Code., Gloria F. Christmas
Private Cause Of Action For Unfair Insurance Claim Settlement Practices Exists Under Texas Deceptive Trade Practices Act And Insurance Code., Gloria F. Christmas
St. Mary's Law Journal
In Vail v. Texas Farm Bureau Mutual Insurance Company, the Texas Supreme Court held a private cause of action for unfair insurance claim settlement practices exists under the Texas Deceptive Trade Practices Act and Insurance Code (DTPA). The DTPA and Insurance Code have repeatedly been used against the insurance industry in the areas of first and third-party claims, particularly in cases involving sales misrepresentations and post-loss claims misconduct. The goal of DTPA is to provide adequate safeguards to aggrieved consumers and, therefore, a broad interpretation of the act allows the courts to provide consumers a remedy and deter the continuance …
Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton
Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton
Seattle University Law Review
This Note first explains the nature of asbestos diseases, the standard insurance policy language, and the theories of insurance coverage. It then demonstrates the misapplications of medical evidence and contract interpretation principles in Eagle-Picher Industries Inc. v. Liberty Mutual Insurance Company, and concludes with a discussion of the wider implications of the decision and the better theory suggested by Judge Wald. Because the facts and issues involved in Insurance Company of North America v. Forty-Eight Insulations, Keene Corp. v. Insurance Company of North America, and Eagle-Picher are essentially the same, the conclusions drawn from Eagle-Picher apply equally …