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Offer Of Judgment
The Offer of Judgment rule is a United States tort reform law aimed at controlling unnecessary litigation and at encouraging settlement. Under this rule, if a settlement offer designated as an offer of judgment is made in civil litigation, the offer is rejected and the final court decision is ''less'' favorable than the final offer that was made, then the party who rejected the offer is subject to certain penalties. The same principle can be found in the Calderbank offer jurisprudence in England. The penalties vary by state, but often include some combination of an award to the other party of certain attorneys' fees, compensable litigation costs and prejudgment interest. Most jurisdictions limit these awards to fees, costs and interest accumulated after the offer is made or rejected. In addition, the party who rejected the offer may lose their entitlement to certain attorneys' fees, compensable litigation costs and prejudgment interest. Here again, most jurisdictions provide tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Reform
Tort reform refers to changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation (particularly actions for negligence) or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services (e.g. medical malpractice insurance), and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature. Background Tort actions are civil claims for actions that cause a claimant to suffer loss or harm, resulting in legal liability for t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Settlement Offer
A settlement offer or offer to settle is an offer to resolve an outstanding issue or account. This may involve a statutory offer to compromise in a civil lawsuit. In either case, it involves communication from one party to the other suggesting a settlement, or an agreement to fully and finally resolve the outstanding issue, account, or dispute. United Kingdom In England and Wales, offers to settle are governed by Part 36 of the Civil Procedure Rules. The rules were significantly changed in 2015 to reflect developments in case law.Edwin Coe LLPSignificant changes to Part 36 of the Civil Procedure Rules accessed 29 August 2022 These changes included provision for a settlement offer to be time-limited and to be automatically withdrawn if not accepted by a specified time. One factor leading to change was an Appeal Court hearing in the case of Gibbon v Manchester City Council (2010), where "the central question raised aswhether Part 36 embodies a self-contained code or is subject to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Calderbank V Calberbank
Calderbank is a village outside the town of Airdrie, North Lanarkshire, Scotland. It lies west of the M73, on the west bank of the North Calder Water. The village lies east of Glasgow city centre and around west of Edinburgh. Other nearby towns include: Airdrie (), Coatbridge (), Bellshill () and Motherwell (). It has a population of about () Etymology The village's name is of a doubtful etymology. The first part of the name refers to the North Calder Water, the small river that flows through the village: however the second element is unknown. Some sources suggest the second element is from Old English ''benc'' " bench". A record of the name from 1182 as ''Celdrebec'' suggests this. History The village is famous for being the birthplace of the ''Vulcan'', the world's first iron boat, which sailed from Calderbanks Iron Works to the River Clyde and plied the Scottish canals first with passengers and then with cargoes of iron and coal. Iron from the Calderbanks works was u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure. States may determine their own rules, which apply in state courts, although 35 of the 50 states have adopted rules that are based on the FRCP. History The Rules, established in 1938, replaced the earlier procedures und ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medical Malpractice
Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The negligence might arise from errors in diagnosis, treatment, aftercare or health management. An act of medical malpractice usually has three characteristics. Firstly, it must be proven that the treatment has not been consistent with the standard of care, which is the standard medical treatment accepted and recognized by the profession. Secondly, it must be proven that the patient has suffered some kind of injury due to the negligence. In other words, an injury without negligence or an act of negligence without causing any injury cannot be considered malpractice. Thirdly, it must be proven that the injury resulted in significant damages such as disability, unusual pain, suffering, hardship, loss of income or a significant burden of medical bills. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Georgia (U
Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the country in the Caucasus ** Kingdom of Georgia, a medieval kingdom ** Georgia within the Russian Empire ** Democratic Republic of Georgia, established following the Russian Revolution ** Georgian Soviet Socialist Republic, a constituent of the Soviet Union * Related to the US state ** Province of Georgia, one of the thirteen American colonies established by Great Britain in what became the United States ** Georgia in the American Civil War, the State of Georgia within the Confederate States of America. Other places * 359 Georgia, an asteroid * New Georgia, Solomon Islands * South Georgia and the South Sandwich Islands Canada * Georgia Street, in Vancouver, British Columbia, Canada * Strait of Georgia, British Columbia, Canada United K ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
