Potential Litigation Research Articles

COVID‐19, Board of Directors and Pessimism in Annual Reports: An Intention to Mitigate Litigation Risk

ABSTRACTThis study examines the impact of corporate COVID‐19 disclosure on the negative tone (pessimism) in annual reports. We also investigate how board size and board independence influence pessimism in annual reports. Using a U.K. sample from 2020, we employ various techniques to explore the COVID‐19 disclosure‐pessimism nexus. Our findings, supported by Tobit regression and a two‐stage least squares (2SLS) model, reveal a positive association between COVID‐19 disclosure and pessimism in annual reports. We observe that managers tend to disclose COVID‐19 information pessimistically as a risk mitigation strategy, aiming to prevent future earning shocks and potential litigation costs. Interestingly, our results also indicate that large boards and independent directors can bolster governance power, safeguarding firms against potential litigation costs by increasing pessimism in annual reports, both during and beyond the COVID‐19 pandemic.

The EU’s Anti-coercion Instrument: A Return of Unlawful Unilateral Trade Countermeasures in Disguise?

The European Union (EU) adopted an Anti-Coercion Instrument (ACI) to counter economic coercion and weaponization of economic dependencies. This article analyses the potential application and interaction of the EU’s ACI with the World Trade Organization’s (WTO’s) legal framework. In particular, the article examines the EU’s claim that the ACI is solely governed by general customary law, justifying countermeasures in response to unlawful economic coercion. A closer look reveals the legal complexities and challenges associated with implementing the ACI within the broader context of the WTO. Actions taken under the ACI that seek redress for WTO law violations could potentially be in violation of the WTO’s Dispute Settlement Understanding (DSU). Additionally, justifying a violation of WTO law based on the enforcement of general customary law on countermeasures is unlikely to be accepted. While it is difficult to evaluate the ACI’s application in theory, the article also questions the validity of public morals and national security as justifications for response measures under the ACI. The outcome of potential WTO litigation pertaining to the ACI is difficult to address in the abstract, yet future cases hold the potential to provide further clarity on the interplay between the WTO regime and general international law. Anti-Coercion Instrument, Open Strategic Autonomy, Economic Coercion, Countermeasures, WTO Dispute Settlement Mechanism

Analysis of potential future litigation between Japan and China on the issue of a total ban on aquatic products after Fukushima water release

Analysis of potential future litigation between Japan and China on the issue of a total ban on aquatic products after Fukushima water release

Recusal as Remedy: Disincentivizing Donors

AbstractAs judicial elections become increasingly expensive, recusal has emerged as a way to address concerns about the impartiality of judges who receive contributions from lawyers or potential litigants. While it is unclear if strict recusal rules are the best remedy for conflicts of interest created by contributions, they may disincentivize potential donors from investing in judicial campaigns by negating their potential goal of influencing decisions. We consider whether donor behavior in judicial campaigns – especially for those donors most likely to be interested in specifically currying favor with judges – responds to differences in recusal standards. Using data from 219 state supreme court races in 22 states from 2010 to 2020, we find that states with stricter recusal rules attract fewer campaign donations to judicial races, and states with more lax rules attract more overall and, most especially, for attorney donors.

EU Public Intervention in the Energy Market: A Stroke of Good Luck or Misfortune?

This contribution focuses on the legal analysis of Council Regulation (EU) 2022/1854 and on the implementation of the windfall profits tax in the Netherlands. The analysis takes into consideration constitutional and principle-based issues from levying this tax and potential litigation issues in the EU and in the Netherlands. The authors conclude by admitting the legality of the EU and Dutch measure. surplus profits, windfall profits tax, Dutch Mining Act, qualified majority voting, Article 122 TFEU, EU emergency law, EU tax policy

The descriptive analysis of civil court decisions of dental malpractice related to infection in Taiwan

The evaluation of dental malpractice claims database is helpful to analyze the risk and lower the chances of potential litigation. In this descriptive analysis, the Taiwan Judicial Judgment Database was used to analyze the civil court decisions of dental malpractice related to infection from January 1, 2000 to August 31, 2023. After rigor verdicts reviewed, 53 dental malpractice civil judgments related to infection were included and further analyzed. Total 15 lawsuits were required to recover the punitive damages. The overall civil conviction rate was 28.3%. Two cases occurred in the dental department at medical center and 13 cases were found in the local clinics. The top one awarded compensation is dental implant. The amount of compensation was ranged from NT$ 110,000 to NT$ 3,000,000. In conclusion, this analysis can provide the important information and reference in the amounts of compensation for dental malpractice in Taiwan.

Myomectomy Benefits, Risks, Long-Term Outcomes, and Effects on Fertility and Pregnancy Outcomes: A Literature Review

Objective: Abdominal myomectomy is the mainstay for women with intramural fibroids who want to conceive. Informed choice, discussion on alternatives, and consent for surgery are essential prior to the procedure. Women with fibroids need to understand the potential long-term complications and future implications, including the effects of fibroids or myomectomy on fertility and pregnancy outcomes. This article offers evidence-based information for informing women about the consequences and benefits of myomectomy and other treatments. Methods: Using thesaurus terms, articles in English since 2012, on PubMed, Embase (OVID), and MEDLINE® (ProQuest) databases were retrieved via the National Institute for Health and Care Excellence Healthcare Databases Advanced Search interface. Myomectomy outcomes, risks, complications, fertility, and rare complications later in pregnancy were reviewed. Results: Ninety-two articles were chosen. They covered topics relevant to this review. Duplicate articles, those not related to this review, or with low numbers of cases in retrospective studies were excluded. When fibroids affect reproductive age women, myomectomy's surgical and reproductive outcomes have significant benefits, compared to relatively severe but uncommon complications. Myomectomy-related long-term reintervention is higher than for hysterectomy, but short-term outcomes for pain and bleeding are comparable to hysterectomy. Conclusions: Myomectomy (laparoscopic or open) is safe. Benefits are greatest for reproductive-age women with fibroids. Surgical and reproductive outcomes of myomectomy have benefits, compared to relatively few severe but uncommon complications. This review article of all the potential benefits, risks, and complications can help surgeons inform patients appropriately and reduce potential litigation. (J GYNECOL SURG 2023:000)

Recycling of polymer-matrix composites used in the aerospace industry-A comprehensive review

Polymer matrix composites are in high demand in many industries, including wind turbine blade manufacturing, pressure vessel manufacturing, and aerospace. In order to reduce unsustainable deconstruction that harms the environment and the potential litigation risk associated with the reintroduction of uncertified salvaged components to the aviation market, flight vehicle manufacturers have started collaborating with the recycling sector. Polymer matrix composites have strong mechanical qualities that make them appealing for a wide range of applications, but because of their heterogeneous nature, recovering composite waste is challenging. This paper compares various polymer-matrix composites (PMC) waste recycling techniques utilizing a multi-criteria decision-making approach and a literature study (MCDA). PMC waste recycling is becoming more popular, much work needs to be done to build a widespread, efficient system that is both financially sustainable and produces the highest-quality recovered materials.

Examining the variation in consent in general surgery.

Consent is a fundamental aspect of surgery and expectations around the consent process have changed following the Montgomery vs Lanarkshire Health Board (2015) court ruling. This study aimed to identify trends in litigation pertaining to consent, explore variation in how consent is practised among general surgeons and identify potential causes of this variation. This mixed-methods study examined temporal variation in litigation rates relating to consent (between 2011 and 2020), using data obtained from National Health Service (NHS) Resolutions. Semi-structured clinician interviews were then conducted to gain qualitative data regarding how general surgeons take consent, their ideologies and their outlook on the recent legal changes. The quantitative component included a questionnaire survey aiming to explore these issues with a larger population to improve the generalisability of the findings. NHS Resolutions litigation data showed a significant increase in litigation pertaining to consent following the 2015 health board ruling. The interviews demonstrated considerable variation in how surgeons approach consent. This was corroborated by the survey, which illustrated considerable variation in how consent is documented when different surgeons are presented with the same case vignette. A clear increase in litigation relating to consent was seen in the post-Montgomery era, which may be due to legal precedent being established and increased awareness of these issues. Findings from this study demonstrate variability in the information patients receive. In some cases, consent practices did not adequately meet current regulations and therefore are susceptible to potential litigation. This study identifies areas for improvement in the practice of consent.

Pitfalls in patenting academic CAR-T cells therapy

ABSTRACT Introduction Emerging immunotherapies are pushing the boundaries of cancer treatment, with chimeric antigen receptor (CAR)-T cell therapy being one of the most advanced. Due to the increasingly crowded CAR-T cell field, patenting and protecting the intellectual property of these CAR-T cells implies a good knowledge of the legal landscape. Areas covered The present manuscript focuses on the challenges regarding the patenting process of CAR-T technology, beginning with a description of the main characteristics of CAR-T cells and their functionalities, continuing with the legal landscape applicable to patenting processes, and concluding by presenting the potential strategies to overcome the impediments that can appear when trying to patent CAR-T cells. It is meant to offer insights for those who are exploring possible patenting options in CAR-T cells territory. PubMed and Patenscope databases were used for patent and literature searching (2013–2023). Expert opinion There is no one-size-fits-all solution in this matter and the medical evolution of this therapy will certainly bring out even more challenges. Comprehensive knowledge of the intellectual property, exposure to potential litigation, growing competition, and the high price of therapy, are strikingly relevant in the broader landscape. Future endeavors would be to take steps toward the harmonization of the CAR-T patenting procedure.

Das schutzwürdige Interesse als Voraussetzung für den Anspruch auf vorsorgliche Beweisführung gemäss Art. 158 Abs. 1 lit. b ZPO

Art. 158 para. 1 lit. b var. 2 of the Swiss Civil Procedure Code allows a party to evaluate the chances of a potential litigation through pre-trial taking of evidence. This requires a legitimate interest. The article discusses the way in which case law and doctrine interpret this condition and advocates a less restrictive interpretation.

A rights‐based approach to the choice of forum in climate displacement litigation: Lessons from the Americas

AbstractFew studies address climate litigation and climate forced mobility together, and the link between climate litigation and internal forced climate displacement remains poorly addressed. This article aims to participate in filling this void. We focus on climate displacement litigation argued before regional human rights courts (the Inter‐American Court) and national human rights protection bodies (the Mexican Commission) to determine the adequacy of each from the perspective of potential litigants. We address institutional, procedural and positive law within the context of water scarcity. We find that while institutional and procedural aspects reveal the potential of the Inter‐American Court in ruling on climate displacement cases, the application of the positive obligations doctrine by the Mexican National Human Rights Commission is more disaggregated and a priori suitable to ground the course of action of potential litigants.

Decoding a construction organisation's tendency to litigate: an understanding through financial statements

PurposeDespite the availability of amicable means to resolve construction disputes, litigation remains a mainstream dispute resolution process in some countries. This tendency to litigate (TTL) calls for research to develop appropriate precautions to encourage stakeholders to resolve most commercial disputes through alternate dispute resolution (ADR) techniques. While a claimant's TTL arise from the individual, project and organisation preferences, this study, which can benefit both potential claimants and employers by saving time and money on litigation, identifies a bidder's financial parameters that may increase its litigation propensities, as a first step towards aiding employers to incorporate precautions to discourage such tendencies.Design/methodology/approachAfter the literature review, the theoretical construct proposed by Rachlinski's “framing theory of litigation” (based on Kahneman and Tversky's Prospects Theory) is used to explain organisation-level litigation decision-making. The study sources data from the financial statements of Indian construction/real estate firms, followed by panel regression analysis to test the theoretical construct's validity.FindingsThe results show that the TTL (risk-seeking behaviour) generally increases with a lower value of sales, higher assets and profitability. Interestingly, organisation-level cash flow shows an insignificant influence on litigation tendencies.Practical implicationsKnowing which financial parameters may increase litigation tendencies could help employers evaluate a bidder's propensity to litigate project disputes.Originality/valueResearchers use financial statements to explore correlations among financial variables. However, in the construction context, there are no empirical studies with data from construction firms to understand potential litigation expenses compared to specific financial ratios.

Psychiatric Advance Directives: A Call for Humanization

Psychiatric Advance Directives: A Call for Humanization

‘Wrong’ cases and ‘wrong’ plaintiffs: intergenerational relationships and legal consciousness in China

AbstractLegal consciousness is not a monolithic concept even in the minds of individual actors. Invoking the law is sometimes viewed positively and at other times not. My study reveals that ordinary people in China consider lawsuits seeking divorce to be acceptable but strongly disapprove of lawsuits seeking intergenerational support. My detailed analysis of this sharp contrast suggests that people consider legal mobilization favourably when claims are brought by the ‘right’ people in the ‘right’ cases, but that they bitterly oppose it when the ‘wrong’ people bring the ‘wrong’ kinds of cases. In this article, I explain how these categories of ‘right’ and ‘wrong’ legal claims and plaintiffs come into being and how they shape the legal consciousness of potential litigants in China.

Validation of a Suggested Pre-Operative Protocol for the Prevention of Traumatic Dental Injuries during Oroendotracheal Intubation: A Pilot Study

The aim of this study was to develop a protocol for oral pre-operative registration and dental risk assessment by the anaesthesiologist, determining its reliability through the inter-observer agreement between a senior dental student and an internal physician specializing in anaesthesiology. A convenience sample consisting of 35 patients was selected. These were observed during the anaesthesiology consultation, at Hospital de São João, Porto, Portugal. The protocol included a self-administered questionnaire and a brief clinical examination by the two observers. A descriptive analysis (qualitative and quantitative variables) was performed. The Fleiss Kappa index was used to measure the degree of agreement between the two observers. In most of the parameters defined, the agreement presented Kappa index values between 0.6 and 1, corresponding to good and excellent correlation, respectively. The general oral status was considered “poor”, with a great number of missing teeth, namely the upper central and lateral incisors. The proposed pre-anaesthetic protocol can be a reliable tool for the anaesthesiologists, which suggests the relevancy of incorporating interdisciplinary training between future health professionals. Further research is needed to assess its implementation, providing information about the pre-operative oral status, preventing intraoperative damage and potential medicolegal litigation.

Retire the advice to send patients to the emergency department after epinephrine use for observation

Food allergy action plans state that if epinephrine is administered to “immediately call 911 and seek care in the nearest medical facility.”1 Such guidance has been based on expert opinion given the risk of persistent (eg, refractory) or biphasic reactions after initial epinephrine use. In addition, practitioners, health care organizations, and policy groups are cognizant of potential litigation if patients have adverse outcomes associated with anaphylaxis management, despite following treatment protocols.

Implementing a Streamlined Radiology Workflow to Close the Loop on Incidental Imaging Findings in the Emergency Department.

Actionable incidental findings (AIFs) are common imaging findings unrelated to the clinical indication for the imaging test for which follow-up is recommended. Increasing utilization of imaging in the emergency department (ED) in recent years has resulted in more patients with AIFs. When these findings are not properly communicated and followed up upon, there is harm to the patient's health outcome as well as possible increased financial costs for the patient, the health system, and potential litigation. Tracking these findings can be difficult, especially so in a large health system. In this report, we detail our experience implementing a closed-loop AIF program within the ED of 11 satellite hospitals of a large academic health system. Our new workflow streamlined radiologist reporting of AIFs through system macros and by using a standardized form integrated into the dictation software. Upon completion of the form, an automatic email is sent to a dedicated nurse navigator who documented the findings and closed the loop by coordinating follow-up imaging or clinic visits with patients, primary care providers, and specialists. Through the new workflow, a total of 1207 incidental finding reports have been submitted from July 2021 to May 2022. The vast majority of AIFs were identified on CT, and the most common categories included lung nodules, pancreas lesions, liver lesions, and other potentially cancerous lesions. At least 10 new cancers have been detected. We hope this report can help guide other health systems in the design of a closed-loop incidental findings program.

Mucinous neoplasms of the appendix - A clinicopathologic study of 21 cases with special insight into current classification & controversies.

Background : Appendiceal mucinous neoplasms are rare and heterogenous disease which often clinically present as appendicitis. There are many controversies regarding the classification of mucinous neoplasms of the appendix.
 Aims and Objectives: Our aim of this study was to study different types of mucinous neoplasms of appendix based on current ( WHO 2019) classification, their clinical and radiological presentations and controversies regarding their diagnosis.
 Materials and Methods: This was a retrospective study done in a tertiary care hospital. We studied clinical presentations of 21 cases along with the histopathological study of respective appendectomy specimens .
 Results: Out of 21 cases, 3 (14.28%) cases were serrated polyp, 9 cases (42.85%) were Low grade appendiceal mucinous neoplasm (LAMN), 3 cases (14.28%) were high grade appendiceal neoplasm (HAMN) and 6 (28.57%) cases were mucinous adenocarcinoma. In this study we have discussed in brief about regarding the current classification and controversies of appendiceal mucinous neoplasms.
 Conclusion: Mucinous neoplasms of the appendix are complex lesions with many controversies. Oversimplification in the recent classification may add to more complexity. Reintroduction of the old terminology of Mucinous Tumour of Uncertain Malignant Potential might save histopathologists from potential litigation.

Fighting for Gender Equality: Matrimonial Property Division in Kenya's Legal Landscape Upon Marriage Dissolution

In recent years, Kenya has witnessed significant advancements in its legal and policy framework promoting gender equality. The enactment of a new Constitution, which places a strong emphasis on equality, enhances protection against discrimination, and extends safeguards for vulnerable groups, marks a commendable step forward. Progress has been made in the past decade to ensure equality and uphold the rights of women within the institution of marriage, notably with the enactment of the Matrimonial Property Act of 2013 (the "MPA"). Notably, women in Kenya can now purchase, register, and inherit land from their parents. Despite these strides, gender disparities persist in the management and allocation of economic resources, particularly in cases of spousal death or divorce. This paper concentrates on the distribution of matrimonial property upon the dissolution of a marriage or divorce. Kenyan courts have, at times, arrived at conflicting conclusions regarding non-monetary support in both long- and short-term marriages. This leaves potential litigants, especially women, navigating the complexities of marital conflicts within the legal system without clear guidance on the significance of non-monetary contributions during divorce proceedings. The paper outlines the trajectory taken in the pursuit of gender equality concerning the division of matrimonial property upon divorce in Kenya.