Third-party Claims Research Articles

The United Nations’ Obligation to Provide Access to Remedies to Third-Party Claimants Under International Law

Abstract The perceived impunity of the United Nations peacekeeping missions has been the subject of numerous reports and studies. These studies are in agreement that the legal accountability of the UN is strongly challenged by the UN’s absolute immunity coupled with a lack of or inadequate alternative dispute resolution mechanisms. This situation has led to what is referred to as a ‘remedy gap’ whereby third-party claims against the UN are extinguished due to a lack of forum with jurisdiction over the UN. This article is a study into the second component of the remedy gap, namely, the lack of or inadequate alternative dispute resolution mechanisms. This is a study on the underlying obligation to provide access to remedies as a potential component of the remedy gap. It seeks to assess the legal framework of the UN’s obligation to provide access to remedies and the scope thereof. This is to establish whether the lack of or shortfalls of the UN’s alternative dispute resolution mechanisms are imputable to an inadequate legal framework which does not provide sufficient legal tools to ensure the suitable adjudication of claims or whether the issue lies in the implementation phase through the UN’s policies and practice. In essence, this article seeks to determine the basic rules that form part of the UN’s obligation to provide access to remedies. This is done through a comprehensive analysis of all the possible sources of this obligation to determine its scope.

The Distributed Ledger Technology for the Art Market

The art market seems exclusive to a limited circle of collectors due to information imbalances regarding artworks and their value. Often, one must turn to experts and auction houses to finalize a deal. In addition to artistic advice, legal consultations are also necessary, often due to third-party claims on the ownership of the artwork or cases of fraud. This article aims to explore the potential advantages of utilizing distributed ledger technology in the art market to verify and record transactions involving whole or parts of artworks, making them traceable and perhaps more easily purchasable.

Claims for the Rights of Third Parties in Good Faith Against Confiscation of Goods in Corruption Criminal Decisions

The judge has the authority to impose additional criminal decisions in criminal acts of corruption in the form of confiscation of goods belonging to third parties in good faith. Article 19 Paragraph (2) of the Anti-Corruption Law states that third parties who have good intentions can claim their rights (object) to the confiscation of goods in a corruption crime decision no later than 2 (two) months after the court decision is pronounced in a hearing open to the public. However, the Corruption Law does not clearly regulate how to submit and examine objections so that in practice there are differences in interpretation by the applicant, respondent and judge in submissions and examinations at trial, so that there is no guarantee of unity and certainty in the legal application of rights claims (objections) to confiscation of goods in the decision of criminal acts of corruption. The legal problem that arises is what are the regulations regarding the submission and examination of claims (objections) of third parties who have good intentions regarding the confiscation of goods in the decision of a criminal act of corruption? Regulations regarding the submission and examination of claims for the rights of third parties in good faith regarding the confiscation of goods in decisions regarding criminal acts of corruption, including the legal position of the parties, method and time of submission, authority to adjudicate, evidence, and legal remedies and implementation of the decision.

Subject Composition of the Contract of Trust Management of the Property of the Missing Person

Relevance. A missing person is not a ground for terminating the legal relationship in which he or she was involved. The missing person's property should be preserved and protected from the claims of third parties. For this purpose it is advisable to conclude a property trust agreement. However, the legislation contains gaps with regard to the procedure of its conclusion, which leads to unjustified refusals successfully appealed by the persons concerned in court. Their elimination will make it possible to apply this construction more often on the basis of the provisions of a single legal act enshrining the procedure for concluding an agreement and its standard form.The purpose is to substantiate the need to improve the legislation regulating the legal position of the subjects of the contract of trust management of the property of the missing person, including when it is concluded.Objectives are to identify the features of the legal regulation of the contract of trust management of the property of the missing person; to determine the criteria for the trustees of the studied agreement; to substantiate and formulate proposals for the improvement of civil legislation in the analyzed sphere.Methodology. The methods of analysis and synthesis, comparison, the method of ascending from the abstract to the concrete and the formal-legal method were used in the study.Results are of a theoretical and applied nature and contain suggestions for improving the legislation in terms of trust management of the property of the missing person in order to eliminate gaps in the law and increase the frequency of its use by the guardianship and trusteeship authorities.Conclusion. Contradictions to the civil legislation of rules of trust management of property of the missing person in subjects of the Russian Federation are revealed, for elimination of which it is offered to develop uniform regulations of definition of the candidate of the trustee of property of the missing person and order of the conclusion of the corresponding contract. It has been determined that when selecting a candidate for a trustee, a guardianship authority should take into account the necessary knowledge and skills, confirmed by documents; absence of a negative history of guardianship before and tax debts. It is proposed to create a unified database of trustees of the property of the missing person.

Business Valuation Cases in Brief

Business Valuation Cases in Brief

Спорные вопросы знания добросовестного приобретателя о неуправомоченности отчуждателя

Article 302 of the Civil Code of the Russian Federation protects the acquirer, who did not know and could not know about the alienator’s illegality when acquiring the thing. Knowledge of the rights of the alienator to the thing is one of the conditions for the protection of the acquirer. At the same time, the question of the volume and content of the acquirer’s knowledge for qualifying it as conscientious is debatable. The article proposes to proceed from the fact that in order to recognize the acquirer as good faith, it is sufficient to have no doubts about the legal basis for acquiring the rights of the alienator to the thing. The imposition on the acquirer of the burden of verifying the powers of the person from whom the alienator acquired the thing is an excessive burden for an ordinary participant in civil turnover. With regard to real estate, the acquirer must be considered good faith if the alienator’s right is registered in the state register of real estate, unless the acquirer is aware of the justified claims of third parties in relation to the real estate object.

The Channelling of Liability Under the 1999 Montreal Convention

As the cornerstone of international air carrier liability rules, the 1999 Montreal Convention has created a ‘channelled’ liability system to promote adequate and rapid compensation. This article first explores the origin of ‘channelling’ liability under the Montreal Convention, then examines two possible scenarios arising from ‘channelling’ of liability; finally analyses the legal effect of ‘channelled’ liability in light of the Convention’s purposes, while noting difficulties faced by carriers because of third-party indemnity claims. air carrier liability, channelling of lability, Montreal Convention, third-party claims, indemnification

Antecedents and Effects of Online Third-Party Information on Offline Impressions

Abstract: Warranting theory articulates the process by which individuals connect online information to an offline target, guiding impression formation. The presence of online information alone may not innately guide impression formation about a target. Rather, the connection of that claim to perceptions of a target’s offline self should be driven by several antecedents. The reported experiment tested the antecedent factors of third-party claims with respect to perceptions and behavioral intentions toward a course instructor. Undergraduate students in the United States ( N = 209) viewed a hypothetical professor-rating website reflecting a 2 (target reply: present or absent) × 2 (rater identifiability: identifiable or anonymous) × 2 (number of ratings: many or few) × 2 (average rating: present or absent) experimental design, and reported the characteristics they perceived the target professor to possess offline. Results of a structural equation model revealed only an individual’s ability to reply to online information influenced judgments of warranting value; but the warranting value of the online information influenced subsequent impressions of the target’s offline attributes.

59-LB: Outcomes of an Employer-Sponsored Virtual Type 2 Diabetes (T2D) Reversal Program in Working-Age Adults

Objective: To evaluate short-term outcomes of an employer-sponsored virtual T2D reversal program, conducted through medically supervised nutritional intervention and provider-led telehealth, in working-age adults. Methods: This pre-post study included 119 employees with T2D and high HbA1c and/or high spending on T2D prescriptions who enrolled in the T2D reversal program October 15, 2020-January 27, 2021. HbA1c, fasting glucose (FG) , body weight, body index mass (BMI) , and waist circumference pre- and post-enrollment were assessed from annual employer-sponsored wellness screening conducted 2019-2021, independently of the T2D reversal program. Program prescriptions (insulin, DPP4, GLP1, meglitinide, sulfonylurea, TZD, SGLT2) were compared pre vs. post (Table footnote 1) . Pharmacy spending for these prescriptions was estimated from a third-party claims database. Results: The program retention rate was 82% at 6 months and 67% at 1 year. Mean levels of all outcome measures declined significantly from pre to post (Table) . The number of prescriptions decreased for 47 (39.5%) of the 119 participants and increased for 3 (2.5%) . For 89 individuals participating for 6 months or more, average monthly prescription spending declined 18% (to $449 from $547) during the first 6 months after enrollment (vs. the prior 12 months) . Conclusions: A virtual T2D reversal program helped lower HbA1c, FG, body weight, BMI, and waist circumference in employees with diabetes while reducing prescriptions and pharmacy spending. Disclosure Z. Chen: Employee; Quest Diagnostics, Stock/Shareholder; Quest Diagnostics. C. E. Birse: Employee; Quest Diagnostics. A. R. Arellano: Employee; Quest Diagnostics. M. S. Fragala: Employee; Quest Diagnostics, Stock/Shareholder; Quest Diagnostics. M. J. Mcphaul: Employee; Quest Diagnostics. L. A. Bare: Employee; Quest Diagnostics.

When Immunity Becomes Impunity

Abstract After a United Nations peacekeeping mission introduced cholera to Haiti in 2010, victims have struggled for over a decade to obtain remedies from the UN. Their experiences have exposed the extraordinary barriers to justice faced by civilians who suffer injuries caused by UN operations. While the UN has enjoyed absolute immunity from suit in courts where personal injury claims are typically heard, the UN is required to provide civilians harmed by its operations with alternative avenues to seek redress. In practice, however, the UN’s process for resolving such third-party claims is opaque and difficult to access, and allows the UN to be the final arbiter of its own responsibility. Particularly troubling are recent mass tort cases where financial and political interests have improperly influenced the claims process to deny remedies. This article draws on personal insights gained from advocating for victims of cholera for the past ten years, as well as the parallel experiences of Roma, Ashkali, and Egyptian victims who brought claims against the UN for lead poisoning in Kosovo. The article identifies systemic weaknesses in the UN’s third-party claims process and proposes four key reforms to bring the organization’s practice in line with its legal and moral obligations.

Benefit Corporations: Role of Directors and Their Liability in Italy and in the United States of America

The benefit corporation has given rise to a wide debate regarding both the systematic impact of this corporate form and, more specifically, the possible protection that is to be granted to stakeholders. This article intends to clarify the extent to which control by courts over directors can be reconciled with the well-known business judgment rule, and whether lawsuit can be maintained by third parties. Thus, evaluation by a judge must be more extensive, given that the fiduciary duties and the procedure that leads to making the relevant decisions are more complex. After examining the role of courts, the article discusses whether and on what terms third parties may act against the directors of a benefit corporation if they feel that their interests have been harmed. It is suggested that, in specific cases, it is possible to grant protection to third parties who have relied legitimately on what is indicated in the articles of incorporation or by-laws of a benefit corporation. Even if the legal claims of third parties can be accepted, they are limited in light of the broad formulations adopted in the articles of incorporation or by-laws and in light of the significant burden of proof on the plaintiffs, so as to avoid the risks that recourse to judicial remedies could create.

Deprivation or Circumvention of the UN’s Immunity

Abstract The immune system is supposed to protect one’s body from harmful germs, but sometimes it may attack a healthy part of the body itself—this is called an ‘autoimmune disease’. Although the founders of the United Nations (UN) equipped it with such immunities as are necessary for the fulfilment of its purposes, it seems that its jurisdictional immunity is sometimes more detrimental to its proper functioning than protective of it, especially in the context of peacekeeping. The present study aims to discover a cure for this autoimmune disease. Immunities are, in general, under attack because they serve as insurmountable hurdles to holding those who exercise public authority accountable before domestic courts. Peacekeepers may harm the local population, but the UN’s immunity leads to the denial of justice in cases of third-party claims, which put pressure on the UN. However, neither deprivation nor circumvention of the UN’s jurisdictional immunity is a safe and holistic cure for this autoimmune disease. What we need to ensure is that the immune system functions as designed.

Financial performance and reimbursement of pharmacist-led chronic care management.

The purpose of this study was to evaluate the financial performance and reimbursement of chronic care management (CCM) provided by clinical pharmacists in a primary care setting using Current Procedural Terminology codes that were added to the Medicare Physician Fee Schedule in 2017. A retrospective study assessing financial performance of pharmacist-led CCM was conducted for the 12-month period from May 1, 2018, through April 30, 2019, at an academic multiclinic medical practice. Pharmacist-led CCM encounters included a combination of telephone and in-clinic visits. Return on investment, a ratio of net income to financial investment, was the primary outcome. Secondary outcomes included the number of CCM encounters, time spent by pharmacists delivering CCM (ie, "time-on-task"), and third-party claim reimbursement. Sixty-five patients were enrolled in CCM during the 12-month study period. Pharmacists provided 236 CCM encounters, including 31 enrollment visits and 102 hours of clinical time-on-task. Gross revenue for CCM during the 12-month period was $7,433.91, and expenses totaled $6,430.36, resulting in a 15.6% return on investment. Out of 158 CCM claims, 131 (83%) were paid and 27 (17%) were unpaid or remained in adjudication at study completion. Pharmacist-led CCM resulted in a modest positive return on investment compared to other reimbursable pharmacy services. Practitioners should evaluate opportunities to synergize CCM with other fee-for-service and quality-based reimbursement programs.

Modeling and prediction of third-party claim using a Machine learning approach

Background/Objectives: The main objective of this research paper is to build an appropriate mathematical model that helps in forecasting overall claim amount based on the chosen characteristics of the data. Methods/Statistical analysis: In the field of actuarial research, forecasting the third-party claim amount for Motor vehicles is a challenging task, and only limited empirical research studies are done in predicting the claim. In this context, the annual time series historical claim data were collected for a period of 34 years to examine the predictive performance of the linear regression model, exponential smoothing model, autoregressive integrated moving average (ARIMA), artificial neural network (ANN), and hybrid ARIMA-ANN models to predict third party claim amount of motor insurance data in India. Findings: The data are analyzed, and the empirical evidence from the study shows that the ANN model improved the accuracy prediction when compared to Linear Regression, Exponential smoothing model, ARIMA and a hybrid model with respect to the performance criteria such as root mean squared error (RMSE) and mean absolute percentage error (MAPE). Therefore, the ANN model is more potent in forecasting TP claim amounts by considering the adequacy, suitability, and accuracy of the data modeling. Novelty/Applications: This data analytics approach would help motor insurance companies in India to have an idea about the expected future claim amounts. Also, this modeling approach will help the Motor Insurance companies of India to provide a better customer-centric forecasting model, which ensures better claims settlement and management. Keywords: Claim amount; linear model; stationarity; ARIMA; neural network; TRAINLM

Jednostrani raskid kupoprodajnog ugovora poslije dospijeća obveza strana prema Konvenciji UN o međunarodnoj prodaji robe

U radu se daje prikaz jednostranoga raskida kupoprodajnog ugovora poslije dospijeća obveza strana prema Konvenciji UN-a o međunarodnoj prodaji robe (Bečka konvencija). Bečka konvencija danas je na snazi u 93 države iz svih pravnih tradicija i razina gospodarskog razvoja koje zajedno predstavljaju preko dvije trećine globalnog gospodarstva. Ugovori o prekograničnoj prodaji robe okosnica su međunarodne trgovine i stoga se Bečka konvencija smatra jednom od temeljnih konvencija međunarodnoga trgovačkog prava. Kako bi bila što prihvatljivija različitim pravnim poredcima, Bečka konvencija u mnogome je odstupila od rješenja nacionalnih prava i pravnih krugova i stvorila autonomne pojmove i rješenja. Posebna kreativna rješenja predvidjela je za raskid ugovora. U radu se analizira raskid zbog bitne povrede ugovora, koncepta kakav ne predviđa niti jedan građanski i trgovački zakon, zatim raskid zbog neispunjenja u dodatnom roku, raskid zbog neusklađenosti te raskid zbog prava ili potraživanja treće osobe. Posebna pažnja posvećuje se i potpunom i djelomičnom raskidu te raskidu ugovora kod sukcesivnih isporuka. Zaključno se analizira gubitak prava na raskid.

Third-Party Liability for Breach of Fiduciary Duty in Malaysia

Commonwealth jurisdictions face a unique risk when English authorities are misunderstood or misapplied by local courts: erroneous legal rules can quickly become entrenched in the local laws, which are difficult to undo. The Malaysian jurisprudence in relation to the liability of third parties for breach of fiduciary duty provides clear examples this sort of risk. This paper examines in detail these third-party claims — tracing-related claims, recipient liability, and assistant liability — in the light of English law, and explains how they contain errors which are (or threaten to be) entrenched irreversibly within the local jurisprudence. It exhorts Malaysian courts to revert to orthodox principles, and more generally suggests that Commonwealth jurisdictions must independently engage with the substantive reasons of various legal rules, instead of adopting legal rules simply on the basis that those rules reflect what they understand to be English law.

The Influence of Self-Generated and Third-Party Claims Online: Perceived Self-Interest as an Explanatory Mechanism

Abstract Over the past two decades, communication technology scholars have examined how viewers evaluate the authenticity of information online, with particular attention given to how self versus third-party claims differ in their degree of influence. We examine how self-interest perceptions serve an important explanatory function in the logic of warranting theory and help account for how people evaluate content online. Our results document how the source and valence of a message can interact to affect perceptions of source self-interest, which, in turn, affect perceptions of source trustworthiness, message accuracy, and, ultimately, evaluations of an online target. The findings establish boundary conditions for the warranting principle and our discussion offers insight into the production and evaluation of online claims.

Will Tort Law Have Its #Me Too Moment?

AbstractUsing tort law’s treatment of claims for domestic violence and sexual assault as examples, this essay identifies prominent features of a feminist historical approach to law to demonstrate how gender inequality is reproduced over time, despite changes in legal doctrine. When informed by feminist theory, history can function as a critique of past and present regimes of inequality, highlighting the various techniques of exclusion and marginalization that emerge to prevent law from redressing serious, recurring injuries suffered disproportionately by women. The essay explores two such techniques: sexual exceptionalism that treats gender-related torts differently than other harms and the adoption of ostensibly neutral rules that have a disparate impact on women and marginalized groups. The essay speculates as to whether the #MeToo movement can provide the momentum to produce a break from the past, particularly with respect to third-party claims holding employers and other institutional defendants responsible for sexualized harms.

Will Tort Law Have its #MeToo Moment?

Using tort law’s treatment of claims for domestic violence and sexual assault as examples, this essay identifies prominent features of a feminist historical approach to law to demonstrate how gender inequality is reproduced over time, despite changes in legal doctrine. When informed by feminist theory, history can function as a critique of past and present regimes of inequality, highlighting the various techniques of exclusion and marginalization that emerge to prevent law from redressing serious, recurring injuries suffered disproportionately by women. The essay explores two such techniques: sexual exceptionalism that treats gender-related torts differently than other harms and the adoption of ostensibly neutral rules that have a disparate impact on women and marginalized groups. The essay speculates as to whether the #MeToo movement can provide the momentum to produce a break from the past, particularly with respect to third-party claims holding employers and other institutional defendants responsible for sexualized harms.

Whither no-fault schemes in Australia: Have we closed the care and compensation gap?

No-fault compensation in New Zealand, the Woodhouse report and statutory reforms to civil liability motivated consideration of no-fault schemes in Australia. In 2011, the Productivity Commission recommended adoption of a National Injury Insurance Scheme. Since 2016, the NDIS has developed nationally, followed by variations of the NIIS for motor vehicle and workplace accidents. Compensation for injuries outside the NIIS (e.g. medical negligence), or general damages or economic loss must be recovered through compulsory third-party claims or common law. For those cases, an attractive compromise between the common law and no-fault compensation exists in Menyawi’s ‘public tort liability’.