Litigation Experience Research Articles

The Impact of Litigation against an Audit Firm on the Market Value of Nonlitigating Clients

This study investigates how litigation against an audit firm affects the market value of its publicly traded clients. We examine the impact of private litigation alleging audit failure on the audit firm's clients not involved in the lawsuit. Our results indicate that clients not involved in the litigation experience significant negative returns at the announcement of litigation against their audit firm. These results suggest that the market interprets litigation against an audit firm as a signal of decreased audit quality and that the market places a value on audit quality when pricing a firm's securities. The results are also consistent with an audit insurance explanation, which views the audit firm as a source of potential financial indemnification to investors and predicts that damage to the auditor's underwriting ability will be reflected in reduced securities prices for the firm's clients. When the analysis was restricted to companies in the same industry where the alleged audit failure occurred, the market response is significantly more negative when the audit firm is considered a specialist in that industry than when the audit firm is not a specialist. Finally, the market response is weaker later in the sample period, consistent with the findings of prior research that the frequency of nonmeritorious suits has increased over time.

95/00828 CRC handbook of management of radiation protection programs - Second Edition

Organization and Management of a Radiation Safety Office (Steven H. King and Rodger W. Granlund). Organization and Management of a Nonionizing Radiation Safety Program (Zorach R. Glaser). Organization and Management of a Laser Safety Program (Kelly L. Classic). Management of Low-Level Radioactive Waste (John R. Vincenti). Management of Monitoring Programs (R. Craig Yoder). Management of Radiation Therapy Patients (Donald E. Velkley). Management of Emergency Care for Radiation Accident Victims (Mary Ellen Berger and Robert C. Ricks). Evaluation and Control of Internal Radiation Exposures on the Basis of Committed Dose Equivalent (Kenneth W. Skrable). Properly Relating Radiation Protection Requirements to Relative Radiotoxicity and Risk (Allen Brodsky). Radiation Emergency Planning - Damage, Evaluation, and Control Procedures (Robert G. Gallaghar). Planning for and Management of Radiation Accidents (Sydney W. Porter, Jr.). Emergency Response Decisions in the Planning Process - Predetermined Conditions for Predetermined Actions (James A. Martin, Jr.). Accident Consequence Projection (Thomas J. McKenna and Joseph G. Giitter). Education and Training in Radiation Protection (Allen Brodsky, Phyllis L. Brodsky, and Kenneth L. Mossman). Education and Training for Radiation Protection in Nuclear Power Plants (Charles A. Willis). Requirements and Preparation for Passing the American Board of Health Physics Certification Examinations (Charles A. Willis). Education and Training of Radiologic Technologists (Dolores A. Thomas). Summary of Experience in Radiation Litigation (Vincent P. Collins). Legal Aspects of Health Physics Record Keeping (Donald E. Jose). Preparing for Court Appearances (Donald E. Jose). Radiological Controls Documentation in Radiation Injury Litigation (Gordon M. Lodde).

The knowledge and fears about court of child witnesses, schoolchildren and adults

AbstractResearch in Scotland, Australia and North America has examined how children perceive the legal system, what they know about court and how the prospect of going to court makes them feel (Feber, 1985; Goodman and Reed, 1988; Flin et al., 1989). However, to date there are no comparable data for children in England. The present study focuses upon children who were scheduled to appear in court as witnesses, schoolchildren with no experience of litigation, and adults. Child witnesses and schoolchildren were found to have significantly more misunderstandings about terms and concepts in the English legal system than adults. Both groups of children perceived court as a stressful place. However, there were interesting differences in the types of fears that caused most concern, with the child witnesses' fears being mostly court‐focused and the fears of the schoolchildren being more wide‐ranging. The implications of these findings are discussed, including the role for individual assessment of knowledge and fears in the effective preparation of children for court and the need for the judiciary to be mindful of children and young people's limited knowledge of, and misunderstandings about the legal system.

Too Quick To Sue? Public Perceptions of the Litigation Explosion

Although there is considerable discussion among elites that Americans are too quick to sue, we have limited empirical evidence of what the general public thinks. To fill this gap, a statewide poll of Louisiana voters asked whether people are too quick to hire a lawyer and go to court. Two out of three responded that Americans were indeed too quick to sue. This article examines whether social characteristics, previous litigation experience, and political attitudes are related to these responses. The results indicate that race of the respondent is the dominant explanatory variable. Whites overwhelmingly agreed that “people are too quick to hire a lawyer and go to court, “whereas blacks overwhelmingly agreed “anyone should be able to use the legal system to their advantage.” In short, those with status appear quick to blame those with low status for filing too many lawsuits.

Physiciansʼ Psychologic Reactions to Malpractice Litigation

A questionnaire investigating the psychologic sequelae of malpractice litigation was administered to sued and nonsued physicians through a major malpractice insurer in a rural southern state. Factor analysis showed clusters of symptoms, including psychologic trauma, job strain, shame/doubt, and active coping. Psychologic stress decreased with time (but did not return to baseline after 2 years), with winning a case, and with increased age. Stress was increased among those with cases pending or multiple suits. Female physicians used more active coping strategies, and being in a high-risk specialty led to greater job strain and active coping, regardless of litigation experience. Malpractice litigation is a major life trauma that should be dealt with as any other trauma, including use of positive coping strategies such as knowledge of the psychologic sequelae, cognitive reframing, and collegial and personal support systems.

Psychological effects of custody disputes on children.

This two-group, repeated measures examination of the psychological impact of child custody contests on children reports a subset of data from an ongoing longitudinal study of 95 children and their parents from 43 divorcing families. The authors report clinical observations concerning children's experience of custody litigation, as well as comparisons of baseline and post-test responses of contested and uncontested groups on measures of locus of control, separation anxiety and family concept. Contested children exhibited significantly greater internality of control orientation than the normative sample. Contested children's test scores also suggested significantly less separation anxiety and significantly more positive family concept than the uncontested group at post-test. The implications of these unanticipated findings are discussed.

Developing a Typology of Litigation in Education and Determining the Frequency of Each Category

This article reports the findings of a research project designed to contribute both qualitatively and quantitatively to understanding the magnitude and variety of litigation in education. The first section presents a typology of lawsuits against schools with categories designed to reflect the reality of educational practice. The second uses a computer data base search to determine which categories of litigation have been increasing over time and which have been decreasing in recent years. The next section uses a survey of school district litigation experience to determine which areas of educational practice entail the greatest exposure to potential litigation. The final section discusses implications of the findings for the practice of preventive law.

Practice changes in response to the malpractice litigation climate. Results of a Maryland physician survey.

Data from a 1987 survey of Maryland physicians in three specialties (internal medicine, family or general practice, and obstetrics-gynecology) were used to study the types of changes physicians have made in their practices during the last 2 years as a result of the current malpractice litigation climate. Overall, 51% reported making some type of practice change. The practice changes that physicians reported reflect both risk-reduction (e.g., increased use of tests) and risk-avoidance (e.g., cutting back high-risk patients) strategies, although risk-reduction actions were reported more frequently. Raising patient fees was also reported. Specialty predicts whether or not physicians make each type of change; in particular, obstetrician-gynecologists are more likely to report practice changes of all types. Prior litigation experience does not, in general, predict practice changes. The implications of the types of changes reported for access to care and costs of care were considered.

Exercise Tests ??? A Survey of Procedures, Safety and Litigation Experiences in Approximately 170,000 Tests

Exercise Tests ??? A Survey of Procedures, Safety and Litigation Experiences in Approximately 170,000 Tests

Exercise tests. A survey of procedures, safety, and litigation experience in approximately 170,000 tests.

This report surveys the techniques, safety and litigation experience of 170,000 exercise stress tests performed in 73 medical centers. Procedures and results varied but certain patterns emerged: (1) A medical history was required before testing in 89% of centers, a physical examination in 97%, and a resting electrocardiogram in 57%. (2) Active cardiac disease precluded testing. (3) Informed consent was sought in 75% and was required in written form in 30%. (4) Specific test-interruption criteria involved symptoms, signs, and ECG findings. (5) Progressive workloads were employed by 73%. (6) Full resuscitation facilities were available. (7) The mortality was about 1 per 10,000 tests (16 per 170,000). (8) Combined mortalitymorbidity was about 4 per 10,000 tests. (9) Mortality was not clearly related to type of test. (10) Successful litigation, with an out-of-court settlement was reported in one instance.

Exercise tests. A survey of procedure, safety and litigation experience in approximately 170,000 tests

Exercise tests. A survey of procedure, safety and litigation experience in approximately 170,000 tests