Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (190)
- Universitas Indonesia (121)
- University of Michigan Law School (84)
- New York Law School (28)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (24)
-
- Maurer School of Law: Indiana University (19)
- Yeshiva University, Cardozo School of Law (14)
- Cleveland State University (13)
- Pepperdine University (12)
- West Virginia University (11)
- UIC School of Law (10)
- Vanderbilt University Law School (9)
- Penn State Dickinson Law (8)
- The University of Akron (8)
- Villanova University Charles Widger School of Law (8)
- Washington and Lee University School of Law (8)
- University of Richmond (7)
- Cornell University Law School (6)
- Mitchell Hamline School of Law (6)
- University of Maine School of Law (6)
- BLR (5)
- Georgetown University Law Center (4)
- Texas A&M University School of Law (4)
- University of Georgia School of Law (4)
- University of Missouri School of Law (4)
- Brooklyn Law School (3)
- Campbell University School of Law (3)
- Georgia State University College of Law (3)
- University at Buffalo School of Law (3)
- University of Miami Law School (3)
- Keyword
-
- Insurance (60)
- Torts (37)
- Liability (32)
- Negligence (29)
- Liability insurance (20)
-
- Insurance Law (19)
- Law (15)
- Damages (14)
- Insurance law (14)
- Contracts (12)
- Life insurance (12)
- Medical malpractice (12)
- Bad faith (11)
- Policy (11)
- Coverage (10)
- Legislation (10)
- Tort (10)
- Corporations (9)
- Insured (9)
- Insurer (9)
- Commercial Law (8)
- Evidence (8)
- Personal injury (8)
- Policyholder (8)
- Punitive damages (8)
- Regulation (8)
- Tort reform (8)
- Artificial intelligence (7)
- Asbestos (7)
- Copyright (7)
- Publication Year
- Publication
-
- Seattle University Law Review (190)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Michigan Law Review (72)
- Anonymous Closed Medical Liability Cases (27)
- Faculty Scholarship (23)
-
- Scholarly Works (20)
- Articles (18)
- Indiana Law Journal (16)
- Cleveland State Law Review (12)
- West Virginia Law Review (11)
- UIC Law Review (10)
- Pepperdine Law Review (8)
- Washington and Lee Law Review (8)
- Akron Law Faculty Publications (7)
- Cornell Law Faculty Publications (6)
- Maine Law Review (6)
- Villanova Law Review (1956 - ) (6)
- Faculty Publications (5)
- ExpressO (4)
- Georgetown Law Faculty Publications and Other Works (4)
- Nevada Law Journal (4)
- University of Michigan Journal of Law Reform (4)
- University of Richmond Law Review (4)
- Vanderbilt Law Review (4)
- Articles by Maurer Faculty (3)
- Buffalo Law Review (3)
- Campbell Law Review (3)
- Cardozo Law Review (3)
- Law Faculty Publications (3)
- Pepperdine Dispute Resolution Law Journal (3)
- Publication Type
Articles 361 - 390 of 674
Full-Text Articles in Insurance Law
Case No. 19 - Risks To The Sciatic Nerve Related To A Leg Lengthening Attempt In A Patient With Congenital Leg Shortening, New York Law School
Case No. 19 - Risks To The Sciatic Nerve Related To A Leg Lengthening Attempt In A Patient With Congenital Leg Shortening, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Risks to the Sciatic Nerve Related to a Leg Lengthening Attempt in a Patient with Congenital Leg Shortening
Case No. 14 - Pprom, New York Law School
Case No. 14 - Pprom, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - PPROM
Case No. 15 - Preterm Cervical Funneling And Incompetent Cervix Leading To A Preterm Birth, New York Law School
Case No. 15 - Preterm Cervical Funneling And Incompetent Cervix Leading To A Preterm Birth, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Preterm Cervical Funneling and Incompetent Cervix Leading to a Preterm Birth
Case No. 22 - Paraplegia In A 12 Year Old With A Delayed Diagnosis And Treatment Of Transverse Myelitis, New York Law School
Case No. 22 - Paraplegia In A 12 Year Old With A Delayed Diagnosis And Treatment Of Transverse Myelitis, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Paraplegia in a 12 year old with a Delayed Diagnosis and Treatment of Transverse Myelitis
Case No. 24 - Postpartum Anemia And Pulmonary Edema Complicating A Hellp Syndrome Patient With Gallstone Surgery Resulting In A Maternal Death, New York Law School
Case No. 24 - Postpartum Anemia And Pulmonary Edema Complicating A Hellp Syndrome Patient With Gallstone Surgery Resulting In A Maternal Death, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Postpartum Anemia and Pulmonary Edema Complicating a HELLP Syndrome Patient with Gallstone Surgery Resulting in a Maternal Death
Case No. 26 - Apls, New York Law School
Case No. 26 - Apls, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - APLS
Case No. 2 - Preventable Maternal Death Due To Hemorrhage, New York Law School
Case No. 2 - Preventable Maternal Death Due To Hemorrhage, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Preventable Maternal Death Due to Hemorrhage
Case No. 4 - Anoxic Encephalopathy Associated With A "High Spinal" Affect During Cesarean Delivery, New York Law School
Case No. 4 - Anoxic Encephalopathy Associated With A "High Spinal" Affect During Cesarean Delivery, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Anoxic Encephalopathy Associated with a "High Spinal" Affect during Cesarean Delivery
Case No. 1 - Anoxic Encephalopathy In A 7 Year Old Experiencing Hemorrhagic Shock Following Liver Biopsy, New York Law School
Case No. 1 - Anoxic Encephalopathy In A 7 Year Old Experiencing Hemorrhagic Shock Following Liver Biopsy, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Anoxic Encephalopathy in a 7 year old Experiencing Hemorrhagic Shock following Liver Biopsy
Case No. 3 - Anoxic Encephalopathy In 3 Year Old With A Cardiac Arrest During Orthopedic Surgery Under General Anesthesia For A Broken Elbow, New York Law School
Case No. 3 - Anoxic Encephalopathy In 3 Year Old With A Cardiac Arrest During Orthopedic Surgery Under General Anesthesia For A Broken Elbow, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Anoxic Encephalopathy in 3 year old with a Cardiac Arrest During Orthopedic Surgery under General Anesthesia for a Broken Elbow
Case No. 10 - Post Cardiac Bypass Tamponade Producing Cardiac Arrest And Brain Damage, New York Law School
Case No. 10 - Post Cardiac Bypass Tamponade Producing Cardiac Arrest And Brain Damage, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Post Cardiac Bypass Tamponade Producing Cardiac Arrest and Brain Damage
Case No. 9 - Death Following Iatrogenic Bowel Perforation After Endoscopic G.I. Procedures, New York Law School
Case No. 9 - Death Following Iatrogenic Bowel Perforation After Endoscopic G.I. Procedures, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Death following Iatrogenic Bowel Perforation after Endoscopic G.I. Procedures
Case No. 13 - Delay In Diagnosing A Left Breast Malignant Tumor That Was 7 X 9 Cm. At Diagnosis, New York Law School
Case No. 13 - Delay In Diagnosing A Left Breast Malignant Tumor That Was 7 X 9 Cm. At Diagnosis, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Delay in Diagnosing a Left Breast Malignant Tumor that was 7 x 9 cm. at Diagnosis
Case No. 11 - Respiratory And Cardiac Arrest At 3 Weeks Of Age In A Very Premature Neonate Occurring In The Nicu, New York Law School
Case No. 11 - Respiratory And Cardiac Arrest At 3 Weeks Of Age In A Very Premature Neonate Occurring In The Nicu, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Respiratory and Cardiac Arrest at 3 Weeks of age in a very Premature Neonate Occurring in the NICU
Case No. 6 - Perinatal Complications With Eclampsia, New York Law School
Case No. 6 - Perinatal Complications With Eclampsia, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Perinatal Complications with Eclampsia
Case No. 8 - Perinatal Asphyxia Brain Injury With Fetal Growth Restriction, New York Law School
Case No. 8 - Perinatal Asphyxia Brain Injury With Fetal Growth Restriction, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Perinatal Asphyxia Brain Injury with Fetal Growth Restriction
Case No. 18 - Death Following A Failure To Diagnose An Acute Myocardial Infarction, New York Law School
Case No. 18 - Death Following A Failure To Diagnose An Acute Myocardial Infarction, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Death Following a Failure to Diagnose an Acute Myocardial Infarction
Case No. 17 - Brain Abscess And Meningitis Following A Dental Abscess In 38 Year Old Woman, New York Law School
Case No. 17 - Brain Abscess And Meningitis Following A Dental Abscess In 38 Year Old Woman, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Brain Abscess and Meningitis Following a Dental Abscess in 38 year old Woman
Case No. 16 - Maternal Death In A Patient Who Had Rheumatic Heart Disease, New York Law School
Case No. 16 - Maternal Death In A Patient Who Had Rheumatic Heart Disease, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Maternal Death in a Patient who had Rheumatic Heart Disease
Case No. 20 - Diagnosis And Treatment Of Meningitis In A 3 Week Old Child Who Sustained A Spinal Cord Infarct Following A Cardiac Arrest, New York Law School
Case No. 20 - Diagnosis And Treatment Of Meningitis In A 3 Week Old Child Who Sustained A Spinal Cord Infarct Following A Cardiac Arrest, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Diagnosis and Treatment of Meningitis in a 3 Week Old Child who Sustained a Spinal Cord Infarct Following a Cardiac Arrest
Case No. 21 - Trauma In Pregnancy, New York Law School
Case No. 21 - Trauma In Pregnancy, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Trauma in Pregnancy
Case No. 25 - Death Of A 25 Year Old Woman In A Hospital’S Micu With Sepsis And Septic Shock, New York Law School
Case No. 25 - Death Of A 25 Year Old Woman In A Hospital’S Micu With Sepsis And Septic Shock, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Death of a 25 year old Woman in a Hospital’s MICU with Sepsis and Septic Shock
Case No. 23 - Hypertensive Brain Bleed In A 10 Year Old With Undiagnosed Kidney Disease, New York Law School
Case No. 23 - Hypertensive Brain Bleed In A 10 Year Old With Undiagnosed Kidney Disease, New York Law School
Anonymous Closed Medical Liability Cases
Anonymous Closed Medical Liability Case - Hypertensive Brain Bleed in a 10 year old with Undiagnosed Kidney Disease
Is It Time To Adopt A No-Fault Scheme To Compensate Injured Patients?, Elaine Gibson
Is It Time To Adopt A No-Fault Scheme To Compensate Injured Patients?, Elaine Gibson
Articles, Book Chapters, & Popular Press
The tort system is roundly indicted for its inadequacies in providing compensation in response to injury. More egregious is its response to injuries incurred due to negligence in the provision of healthcare services specifically. Despite numerous calls for reform, tort-based compensation has persisted as the norm to date. However, recent developments regarding physician malpractice lead to consideration of the possibility of a move to “no-fault” compensation for healthcare-related injuries. In this paper, I explore these developments, examine programs in various foreign jurisdictions which have adopted no-fault compensation for medical injury, and discuss the wisdom and feasibility of adopting an administratively-based …
In Praise Of (Some) Ex Post Regulation: A Response To Professor Galle, Kyle D. Logue
In Praise Of (Some) Ex Post Regulation: A Response To Professor Galle, Kyle D. Logue
Articles
According to modern law-and-economics (“L&E”) orthodoxy, the primary—maybe even the only—legitimate justification for government regulation is to correct a market failure. This conclusion is based on two key assumptions. First, when markets are functioning reasonably well, they are better at achieving efficiency than the government is. Second, most markets function reasonably well most of the time. Although there is probably evidence to support these assumptions (for example, the relative prosperity of market-based economies in comparison with the relative poverty of centrally planned economies), both assumptions are usually taken as articles of faith by mainstream L&E scholars. This is why scholarly …
Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery
Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery
Journal of Law and Policy
The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to protect the pension rights of employees nationwide. However, due to its broad preemptive powers, ERISA has since developed into a tool used by health insurers to recover millions of dollars in tort damages meant to benefit employees with ERISA health plans. This practice, known as subrogation, has been met with legislative backlash in the form of state antisubrogation statutes, which attempt to limit the enforceability of subrogation clauses found in almost all ERISA health plans. However, many courts have held that ERISA preempts these antisubrogation statutes, thereby affirming …
2015 Survey Of Rhode Island Law: Cases And Public Laws Of Note, Roger Williams University Law Review Staff
2015 Survey Of Rhode Island Law: Cases And Public Laws Of Note, Roger Williams University Law Review Staff
Roger Williams University Law Review
No abstract provided.
Causation Actually, J. S. Dillbary
Causation Actually, J. S. Dillbary
Georgia Law Review
This Article debunks the consensus that in concerted
action, concurrent causes, and alternative liability
situations, the actual causation requirement is always
missing. While courts and scholars insist that in these
cases tort law holds liable parties who clearly did not
cause the victim's harm, this Article offers a novel
approach. Using a simple model and applying it to
leading decisions, this Article shows that a party who did
not and could not even potentially injure the victim could
nevertheless be a but-for reason for the harm. The Article
also challenges claims that causation theories like
concerted action, substantial factor and …
Private Dollars For Public Litigation: An Introduction, Anthony J. Sebok
Private Dollars For Public Litigation: An Introduction, Anthony J. Sebok
Articles
The article argues that litigation investment—where third-party funders provide capital for lawsuits in exchange for a share of potential recoveries—should be extended to public litigation. It contends that the economic rationale for litigation investment applies equally to public entities, such as state Attorneys General, as it does to private litigants. The author highlights the funding gap in public litigation, particularly in large-scale cases against well-resourced defendants, and suggests that litigation investment could address this gap more effectively than contingent fee arrangements with private attorneys.
Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue
Encouraging Insurers To Regulate: The Role (If Any) For Tort Law, Kyle D. Logue
Articles
Insurance companies are financially responsible for a substantial portion of the losses associated with risky activities in the economy. The more insurers can lower the risks posed by their insureds, the more competitively they can price their policies, and the more customers they can attract. Thus, competition forces insurers to be private regulators of risk. To that end, insurers deploy a range of techniques to encourage their insureds to reduce the risks of their insured activities, from charging experience-rated premiums to discounting premium rates for insureds who make specific behavioral changes designed to reduce risk. Somewhat paradoxically, however, tort law …