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Tort Liability And Immunity Of Municipal Officials

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Tort Liability And Immunity Of Municipal Officials

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Author : Charles S. Rhyne
language : en
Publisher:
Release Date : 1976

Tort Liability And Immunity Of Municipal Officials written by Charles S. Rhyne and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Municipal officials and employees categories.

Sovereign Immunity

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Author : National Association of Attorneys General. Committee on the Office of Attorney General
language : en
Publisher:
Release Date : 1979

Sovereign Immunity written by National Association of Attorneys General. Committee on the Office of Attorney General and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Government liability categories.

Redress Against Sovereignty

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Author : John P. Lichty
language : en
Publisher:
Release Date : 1972

Redress Against Sovereignty written by John P. Lichty and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Tort liability of municipal corporations categories.

Personal Liability Of Public Officials In Virginia S Local Governments And Its Impact On Their Willingness To Serve

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Author : George O'Neil Urquhart
language : en
Publisher: Wipf and Stock Publishers
Release Date : 2016-01-14

Personal Liability Of Public Officials In Virginia S Local Governments And Its Impact On Their Willingness To Serve written by George O'Neil Urquhart and has been published by Wipf and Stock Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-14 with Political Science categories.

These are challenging times, and perhaps it is here that humans are viewed at their best and their worst. Everyone is accountable for what they say and do. And since government at all levels and its officials are not exempted, and who operate in a more open environment than they once did, primarily as a result of legislation providing for open meetings, more accessible public information, and under more open and recordable visibility, public officials must be more cautious and more aware of the decisions they make. Although a conscious effort on the part of public officials to avoid personal liability suits will help reduce the number of suits filed against them or the government, some preventive and proactive measures--e.g., becoming more proficient in the duties and responsibilities of office, cultural and social education, sensitivity training--must be taken to avoid the possibility of successful liability lawsuits. Public officials are held morally responsible for their decisions, and they are to be respected for the demands placed on them by virtue of that office. However, individuals, including those injured by a particular governmental policy or an official's decision, are not accepting grievous actions which go against their individual interests. Many are not content with exhausting administrative remedies; rather, they are turning to the courts for a remedy in cases of wrongful death, misuse of legal procedure, etc. A conscious, individual effort to reduce the occurrence liability suits through responsible public decisions will help hold the number of successful suits to a minimum.

Erisa And Health Insurance Subrogation In All 50 States 5th Edition

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Author : Gary L. Wickert
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2013-01-01

Erisa And Health Insurance Subrogation In All 50 States 5th Edition written by Gary L. Wickert and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.

ERISA and Health Insurance Subrogation In All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. NEW TO THE FIFTH EDITION! • Updated To Include All The Newest Case Law! • Updated To Include Medicaid Subrogation and Preemption of FEHBA ! • New Plan Language Recommendations! • Complete Health Insurance Subrogation Laws In All 50 States • Covers The Application of ERISA In Every Federal Circuit The Fifth Edition of ERISA and Health Insurance Subrogation In All 50 States has been completely revised, edited, and reorganized. This was partly to reflect the new direction recent case decisions have taken regarding health insurance subrogation as well as the crystallization of formerly uncertain and nebulous areas of the law which have now received some clarity. An entirely new chapter entitled, “What Constitutes Other Appropriate Equitable Relief?” has been added and replaces the old Chapter 9, which merely dealt with Knudson and Sereboff. The new edition introduces new state court decisions addressing the issue of causation and whether and when a subrogated Plan seeking reimbursement must prove that the medical benefits it seeks to recover were causally related to the original negligence of the tortfeasor. An entirely new section was added concerning the subrogation and reimbursement rights of Medicare Advantage Plans, a statutorily-authorized Plan which provides the same benefits an individual is entitled to recover under Medicare. This includes recent case law which detrimentally affects the rights of such Plans to subrogate. Also added to the new edition is additional law and explanation regarding Medicaid subrogation, including the differentiation between “cost avoidance” and “pay and chase” when it comes to procedures for paying Medicaid claims. Significant improvements have been made to suggested Plan language which maximizes a Plan’s subrogation and reimbursement rights. The suggested language stems from recent decisions and developments in ERISA and health insurance subrogation from around the country since the last edition. The new edition has been completely reworked both in substance and organization. Recent case law has necessitated consolidation of several portions of the book and elimination or editing of others. A new section entitled “Liability of Plaintiff’s Counsel” has been added, which provides a clearer exposition on the laws applicable and remedies available when plaintiff’s attorneys and Plan beneficiaries settle their third-party cases and fail to reimburse the Plan. Also new to the book are recently-passed anti-subrogation measures such as Louisiana’s Senate Bill 169, § 1881, which states that no health insurer shall seek reimbursement from automobile Med Pay coverage without first obtaining the written consent of the insured. The new edition also goes into much greater detail on the procedures for and law underlying the practice of removal of cases from state court to federal court, and the possibility of remand back to state court. This includes the Federal Courts Jurisdiction and Venue Clarification Act of 2011, effective Jan. 6, 2012, which amended federal removal, venue, and citizenship determination statutes in very significant ways. The new edition also delves into, for the first time, the role which the federal Anti-Injunction Act plays when beneficiaries sue in state court to enforce the terms of an ERISA Plan, while the Plan files suit in federal court seeking an injunction against the state court action. New case law and discussion on preemption of FEHBA subrogation and reimbursement claims have been added to Chapter 10 in the wake of new decisions regarding same.

Suing Government

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Author : Peter H. Schuck
language : en
Publisher:
Release Date : 1984-07

Suing Government written by Peter H. Schuck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984-07 with Administrative responsibility categories.

Personal Liability Of Public Officials Sovereign Immunity And Compensation For Loss

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Author : Peter G. Brown
language : en
Publisher:
Release Date : 1977

Personal Liability Of Public Officials Sovereign Immunity And Compensation For Loss written by Peter G. Brown and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Administrative responsibility categories.