Author: Neil M. LevyPublisher:
ISBN:
Category : Torts
Languages : en
Pages : 1100
Book Description
California Torts
Author: Neil M. LevyCalifornia Government Tort Liability
Author: Arvo Van AlstynePublisher:
ISBN:
Category : Administrative responsibility
Languages : en
Pages : 252
Book Description
Discretionary Function
Author: Jeffrey AxelradPublisher:
ISBN:
Category : Administrative discretion
Languages : en
Pages : 206
Book Description
The California Prison and Parole Law Handbook
Author: Heather MacKayPublisher:
ISBN: 9780692955260
Category :
Languages : en
Pages :
Book Description
California Government Tort Liability Practice
Author: Arvo Van AlstynePublisher:
ISBN:
Category : Administrative responsibility
Languages : en
Pages : 916
Book Description
Protect & Defend
Author: Yael LazarPublisher:
ISBN: 9780985364311
Category : Law
Languages : en
Pages : 248
Book Description
STOP AND THINK! Do you know what legal steps you need to take to safeguard... Your family? Your business? Your money? Maybe you were caught in a car accident where you're not sure of your rights, or you're looking for a lifetime of legal protection for your company, your family or your wealth. Whatever the case, you need to know what it takes to protect your rights and defend you and your loved ones from unforeseen legal threats. Protect and Defend is the book that delivers that vital information by gathering together America's leading attorneys to bring you practical advice based on their years of top-level experience. In each chapter, you'll get exclusive access to their expertise, as they tackle some of today's most crucial legal issues-issues that affect us all every day. The law can be your best friend-or your worst enemy. And you absolutely need to know how to put it on your side whether you're facing an immediate emergency or looking for long-term solutions. Protect and Defend brings you proven strategies to help you do just that-before it's too late.
ERISA and Health Insurance Subrogation in all 50 States - 5th Edition
Author: Gary L. WickertPublisher: Juris Publishing, Inc.
ISBN: 1578233291
Category : Law
Languages : en
Pages : 1300
Book Description
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.
United States Code
Author: United StatesPublisher:
ISBN:
Category : Law
Languages : en
Pages : 1506
Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
The American Law of Torts
Author: Stuart M. SpeiserPublisher:
ISBN:
Category : Torts
Languages : en
Pages : 1230
Book Description
California Construction Law
Author: Kenneth C. GibbsPublisher: John Wiley & Sons
ISBN:
Category : Construction contracts
Languages : en
Pages : 344
Book Description
The authors provide practical information that can be used by all construction industry professionals, as well as detailed analyses of California construction law-both as codified in the statutes & as expressed by California courts. The topics in the book are organized in the same manner as they would actually arise in a construction project. First, it deals with pre-construction issues-licensing, bidding, & the formation of the construction contract. Then it discusses what happens when things go wrong-breach of contract by the owner and/or the contractor. An in-depth analysis is provided with regard to claims involving delay, disruption, & acceleration. Several chapters are then devoted to statutory remedies-mechanics' liens, stop notices, & bonds both on public & private works. Finally, coverage is provided on other issues & subjects involving the construction industry, including expanding liability, construction defect issues, bankruptcy, & alternative dispute resolution.