according to article 3 of civil responsibility law (tort law), it is necessary for the judge to determine the amounts of damages by considering the  circumstances of the case. one of the instances of  such circumstances which may have an impact on determination of the amount of damages, as mentioned in article 4(2) of tort law, is financial status of the person causing the loss. following the s...

3 Structured Summary What do we want to know? At present in the UK, compensation for medical injuries can be sought through tort litigation, with payouts made through court or out-of-court settlements. No-fault compensation schemes (NFCSs) can provide an alternative method to redress claims resulting from medical injury. To inform consideration of an administrative compensation scheme relevant ...

6 Mass Tort: A mass tort involves numerous plaintiffs filing civil lawsuits against one or a few 7 corporate defendants in state or federal court. The plaintiffs allege that they were harmed by 8 exposure to products produced by the defendants. Lawsuits may or may not be grouped in a class 9 action. Law firms representing plaintiffs in mass torts often use advertising to locate and recruit 10 p...

This paper looks at Texas tort law reform to make claims regarding the relationship between Texas tort reform and damages recovered. Starting with reform in 1977, Texas has passed 15 pieces of legislation that, in principle, restrict the damages plaintiffs recover. Most empirical analyses have focused primarily on analyzing behavior resulting from the tort reform. In other cases, research has l...

A variety of extraction procedures were evaluated for the extraction of arsenic and other analytes from lobster tissue samples using inductively coupled plasma mass spectrometry (ICP-MS) detection. Soxhlet, room temperature mixing, sonication, microwave assisted, supercritical carbon dioxide and subcritical water extractions were evaluated for a variety of solvent systems and optimum conditions...

Under the initiative of "a community with a shared future for mankind", discussion ecological environment protection is growing nationwide, and legal issues that follow have also received more attention. For this reason, China has introduced system "punitive compensation" into field environmental tort in Article 1232 Civil Code to achieve effect protection. This paper will study from perspectiv...

For the past decade, the learned intermediary rule--the rule of tort law that provides that drug manufacturers may satisfy their duty to warn of a drug's dangers by warning the prescribing physician rather than the end user of the drug--has been the subject of vigorous academic debate. That debate has been largely moot, however, as the courts have proven reluctant to make significant inroads on...

We evaluate the effect of tort reform on employer-sponsored health insurance premiums by exploiting state-level variation in the timing of reforms. Using a dataset of healthplans representing over 10 million Americans annually between 1998 and 2006, we find that caps on non-economic damages, collateral source reform, and joint and several liability reform reduce premiums by 1 to 2 percent each....

Why should tort law treat claims for emotional harm as a second-class citizen? Judicial skepticism about these claims is long entrenched, justified by an amalgam of perceived problems ranging from proof difficulties for causation and the need to constrain fraudulent claims, to the ubiquity of the injury, and a concern about open-ended liability. To address this jumble of justifications, the law...