Court Settlement Research Articles

Some Aspects of Economic Analysis of Out-of-court Settlement in the Dispute of Negative Expected Value – Case of Republic of Serbia

The main goal of a potential plaintiff who initiates a negative expected value dispute is to try to reach an agreement on an out-ofcourt settlement. The paper analyzes the behavior of parties in negative value disputes in the Republic of Serbia. The objective of this paper is to show economic analysis of out of court settlement; 1) in condition of symmetrical information and 2) in condition of asymmetrical information. First of all, we will present the literature regarding this topic using the historical analysis and synthesis method, after that, by using the methods of deduction and induction, descriptive, comparative and other scientific methods, on a case of Republic of Serbia we will show research problem. At the end we will give the results in conclusion.

INTERPRETATION AND CONSTRUCTION OF NEW YORK CONVENTION IN PAKISTAN: A CRITICAL STUDY

Convention on the recognition and enforcement of foreign arbitral awards 1958 (New York Convention) aims to promote and regulate the out of the court settlement i.e. Arbitration and other methods of alternative dispute resolution. It regulates the relations between two parties when they are specifically involved in a contractual relationship and working transnationally and across the borders. The convention has undoubtedly created a great opportunity for multinational companies and international bodies including investors and enterprises to go for international agreements with a piece of mind that their rights will be taken care of and an award received by an overseas authority will be honored in all signatory states of the convention. Considering it an international opportunity Pakistan became signatory to the convention in 2005 and hence it became international obligation for the state of Pakistan to give effect the spirit and scope of convention in the legal system. It was initially incorporated through an ordinance in 2005 which after multiple renewals became act of the parliament in 2011. As convention is complete and exhaustive in nature and scope and it clearly states the grounds which can be used by competent authority of signatory states to refuse its implementation in a specific jurisdiction. The grounds provided by the convention have been construed and interpreted since ratification of the convention and this study critically analyzes the instances that how and when provisions of the convention have been interpreted by the courts of the land including apex court of the Land I.e. Supreme Court of Pakistan.

The Review of 2022 Administrative Litigation Act: Focusing on Structure of the Court System, Settlement and Mediation Procedure

The Review of 2022 Administrative Litigation Act: Focusing on Structure of the Court System, Settlement and Mediation Procedure

Insurance Claims for Wrong-Side, Wrong-Organ, Wrong-Procedure, or Wrong-Person Surgical Errors: A Retrospective Study for 10 Years.

Serious adverse events, such as wrong-side, wrong-organ, wrong-procedure, or wrong-person errors, still occur despite the implementation of preventative measures. In France, we describe the claims related to such errors based on the database from one of the main insurance companies. A retrospective analysis of claims declared between January 2007 and December 2017 to Relyens, a medical liability insurance company (Sham), was performed. Their database was queried using the following keywords: "wrong side," "wrong organ," and "wrong person." We collected 219 claims (0.4% of the total claims). The main specialties involved were orthopedics (34% of cases), neurosurgery (14%), and dentistry (14%). The claims were related to wrong organ (44%), side (39%), identity (13%), or procedure (4%). Juridical entity involved were mainly public facility (69%), followed by private facility (19%) or private physician (10%). The mean number of annual claims made has decreased of 20% since the mandatory implementation of the checklist in 2010 (22 versus 17.5 events per year). The main risk factors identified according to the ALARM protocol were factor related to the team (87%) or to the task to accomplish (78%). A direct causal factor was involved in 20% of the files, the main one being the organization (43%) closely related to the medical file (36%). The settlement was performed by conciliation in 69% of the claim and in court in 30%. The compensation was higher during a court settlement. Wrong-side, wrong-organ, wrong-procedure, or wrong-person surgical errors are rare but fully preventable by the implementation of a safety culture.

Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments

The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financing disputes. The research method used is empirical legal research supported by library research. (library research), is prescriptive analytics, it is hoped that a comprehensive, in-depth and systematic picture will be obtained. This research was conducted in South Kalimantan Province. The results showed (1). consumer financing dispute settlement patterns prioritize settlements outside the court (non-litigation), namely by internal company settlements; use third party services; through the Consumer Dispute Resolution Body, if an amicable agreement is not reached, as a last resort, a court settlement (litigation) is taken. (2). Dispute Resolution Financing companies in South Kalimantan have implemented the customary value of Adat Badamai in the settlement of consumer financing disputes. In the Banjar community, if there is a dispute, they tend to choose to settle it peacefully, meaning that there is no need for the settlement to go to court. Adat Badamai tradition is quite effective and plays a role in creating security and peace among the disputing community members.

Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments

The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financing disputes. The research method used is empirical legal research supported by library research. (library research), is prescriptive analytics, it is hoped that a comprehensive, in-depth and systematic picture will be obtained. This research was conducted in South Kalimantan Province. The results showed (1). consumer financing dispute settlement patterns prioritize settlements outside the court (non-litigation), namely by internal company settlements; use third party services; through the Consumer Dispute Resolution Body, if an amicable agreement is not reached, as a last resort, a court settlement (litigation) is taken. (2). Dispute Resolution Financing companies in South Kalimantan have implemented the customary value of Adat Badamai in the settlement of consumer financing disputes. In the Banjar community, if there is a dispute, they tend to choose to settle it peacefully, meaning that there is no need for the settlement to go to court. Adat Badamai tradition is quite effective and plays a role in creating security and peace among the disputing community members.

Null allele can bring to interpretative problems in a deficitary paternity case

An STR null allele is an allele at a microsatellite locus that fails to amplify. A possible cause is poor primer annealing due to nucleotide sequence divergence in the flanking primers. In this study, a woman (ZAM) wanted to know whether a man (PGAF) was the father of her child (ZGC). During the court settlement, PGAF died. PGAF’s parents refused to undergo DNA investigation and denied the access to biological fragments from their dead son. Although, DNA specimens were obtained from buccal swabs of ZAM, ZGC and PGAF’s paternal sister (PTFS). Initially, only autosomal profiles were studied, and kinship assignment was inconclusive. Following our requests, PGAF’s parents (PRGF and LLGM) led us to obtain their DNA specimens. Only with the PTFS genetic profile, we were not able to demonstrate a kinship assignment. PTFS showed a homozygosis at D8S1179 locus. Then, merely comparing PTFS, LLGM and ZGC autosomal genetic profiles it was possible to underline that they were three different homozygous at D8S1179 locus. Hence, comparing the peak heights in different loci and according to literature, they had to carry a null allele at this locus. Parental studies were completed by Y haplotype analysis.

Inheritance Rights of Women in Makassar Society: A Study of Living Qur’an and its Implications for Islamic Law

The division of inheritance is one of the main problems in Islamic law. The legal basis for inheritance division refers to the Qur’an and hadith as the sources of law. However, there are different interpretations and practices in society regarding the division of inheritance for women and men. Here, this paper examines the practice of dividing the inheritance of women and men with the living Qur’an approach, and also maps out the forms of reception that occur in society and its implications for Islamic law. This qualitative study used the living Qur’an approach and collected the data by means of literature review and in-depth interview in three areas, namely Makassar City, Gowa and Bulukumba. The results of the study revealed that the people of Makassar have always divided inheritance based on the legal sources combined with customary law (adak). In this context, the community reception is grouped into three: first, the community that gives women the inheritance rights in accordance with the text in the Islamic law of a 2: 1 ratio (2 for male and 1 for female); second, the community that divides the inheritance through musyawarah (deliberation) and mufakat (consensus); and third, the community who carries out the inheritance settlement in court. In this case, however, the community tends to settle more through musyawarah and mufakat based on their customs and habits to maintain family integrity. This is because women are positioned with respect, while family problems including inheritance are part of siri' (shame). The division of inheritance to women from the point of view of the living Qur’an has an implication for flexible Islamic law as there is an integration of traditional Islamic teachings and culture within society.

Healthcare cost reimbursement without application-Experiences of aGerman bariatric service

HintergrundNur ein kleiner Teil der Patienten mit morbider Adipositas hat in Deutschland Zugang zur derzeit effektivsten Therapie, der bariatrischen Operation. Ein wesentlicher Grund ist die restriktive Haltung der Krankenkassen hinsichtlich der Kostenübernahme.Ziel der ArbeitDie Erfassung der postoperativen Rate an Kostenübernahmen durch die Krankenkassen ohne die derzeit übliche präoperative Antragstellung bei morbid adipösen Patienten, die eine leitliniengerecht indizierte bariatrische Operation in einem Adipositaszentrum in Bayern erhalten.MethodikDer Prozess der postoperativen Kostenübernahmen wurde durch eine prospektive Datenbank im Zeitraum von 2 Jahren evaluiert. Die Fälle primärer Kostenübernahme wurden hinsichtlich Alter, BMI, Komorbiditäten und der Mitgliedschaft in einer bestimmten Krankenkasse korreliert. Abgelehnte Kostenübernahmen wurden bezüglich des weiteren anwaltschaftlichen und sozialgerichtlichen Prozesses verfolgt.ErgebnisseEs wurden 188 Patienten ohne vorherige Antragstellung einer leitliniengerecht indizierten bariatrischen Operation zugeführt. Die primäre Kostenübernahme erfolgte in 76,6 % (n = 144). Es ergab sich keine Korrelation mit dem BMI, Komorbiditäten oder der Zugehörigkeit zu einer bestimmten Krankenkasse. Die Wahrscheinlichkeit einer postoperativen Kostenübernahme war bei Patienten über 40 Jahren signifikant wahrscheinlicher. Bei den Patienten ohne postoperative Kostenübernahme wurde in 7 Fällen eine außergerichtliche Einigung erreicht, 8 Fälle wurden rechtshängig, und 29 Fälle waren in anwaltschaftlicher Bearbeitung.DiskussionTrotz der relativ hohen Rate primärer Kostenübernahmen zeigt sich auch in dieser Analyse die restriktive Haltung der Krankenkassen bezüglich der bariatrischen Operation mit entsprechendem ökonomischem Druck auf die Leistungserbringer. Die konsequente Umsetzung des antragsfreien Operierens erscheint notwendig, um den politischen Druck auf die Krankenversicherungen und Sozialgerichte zu erhöhen.

Tax dispute settlement mediation arrangements in the future tax court

Tax Dispute Settlement in the Tax Court has not provided a sense of justice and legal certainty and is only through litigation that is win-lose (win-lose). Settlement of tax disputes through litigation is less useful because the process is long and lengthy, besides that tax disputes continue to increase. The existing tax dispute resolution methods do not reflect the dispute resolution process that is simple, fast, low cost, and does not provide a sense of justice and legal certainty. Alternative tax dispute resolution is through a mediation process, but in this process there is no norm that regulates it. The purpose of this study is to find out how the mediation arrangement for tax dispute settlement in the Tax Court should be in the future. The research method used is a normative legal research method with a statutory approach, a historical approach, a concept approach and a comparative approach. The legal materials used consist of primary, secondary, and tertiary legal materials with the technique of collecting legal materials, namely through library research. The technique of analyzing legal materials is carried out by qualitative juridical methods. The results of the study indicate that the settlement of tax disputes through mediation can be regulated in the Tax Court Law by examining the Ordinary Procedure prior to the examination of the subject matter of the dispute, and mediation can be carried out for certain types of tax disputes, so as to achieve a simple, fast and low-cost dispute resolution for the taxpayers. disputing parties, and can reduce the number of disputes that must be examined and decided by the Tax Court.

Case analysis: New York City emergency planning falls short for disabled

Introduction: Historically, emergency management planners have neglected to include critical stakeholders in the actual planning process, which has left thousands of vulnerable individuals who are sensory or mobility impaired open to injury and illness, during and after emergencies. Ultimately, this left gaps in both the planning and recovery phases of an emergency response for the most vulnerable. Having a clear and comprehensive understanding of the entire city, including the political landscape encompassing the citizens, the complex infrastructure, and available resources, will help inform the who, what, where, when and how to effectively develop an all-inclusive emergency plan. Over time, and as a result of many different types of disasters occurring (e.g., hurricanes, terrorist attacks, explosions), emergency managers remain challenged to continually improve upon their planning process, engaging agencies and organizations at all levels (i.e., local, state, national) to better prepare for future emergencies. One such challenge, a successful class action lawsuit brought by the Brooklyn Center for Independence of the Disabled (BCID), mandated that New York City address significant gaps in emergency planning specific to transportation, evacuation, sheltering, and unique communication needs that affect over 900,000 New Yorkers with functional disabilities.1 Methods: Extensive online search for documents, resources, court settlements, press releases all having to do with lack of emergency planning and services for disabled populations across the United States. Discussion: The DOHMH has now implemented a Post Emergency Canvassing Operation (PECO) and could be a model for other cities and states, on how to rapidly canvass, determine needs and provide referral following an emergency for the unique needs of the vulnerable population to mitigate the risk of injury or disease. This adds yet another layer of resources and support to a population that has historically been left behind.

Olmstead's implementation: Differences in enforcement approaches.

Olmstead v. L.C. ex rel Zimring (1999) was a landmark U.S. Supreme Court decision holding that unjustified segregation of people with disabilities is impermissible discrimination; specifically, if the clinician and client believe community integration to be appropriate, the state must have reasonable accommodations in place for the client to be in the community. Enforcement of the Olmstead decision for people with serious mental illness (SMI) has taken many shapes, from the U.S. Department of Justice's (DOJ) settlement agreements requiring substantive development of community mental health services and aggressive community integration protocols, to the Third Circuit approach which requires only lower census numbers in the state psychiatric hospital (SPH). The question of whether Olmstead is being differentially enforced is addressed in an empirical, qualitative analysis of legal documents, including court opinions and settlement agreements. Through legal research spanning all U.S. jurisdictions, five distinct Olmstead enforcement approaches in ten different states were identified. The enforcement approaches are described, and limitations and future directions are discussed. (PsycInfo Database Record (c) 2022 APA, all rights reserved).

Body‐worn cameras, lawful police stops, and NYPD officer compliance: A cluster randomized controlled trial*

AbstractThe federal court settlement of Floyd, et al. v. City of New York, et al. (2013) mandated that the New York City Police Department (NYPD) implement a series of reforms to address unlawful stop, question, and frisk patterns and practices. Among other changes, the remedial order required the NYPD to implement and evaluate a pilot body‐worn camera program to determine whether outfitting officers with the technology led to more lawful and civil police–citizen encounters. A cluster randomized controlled trial involving 40 police precincts and 3,889 NYPD officers was used to evaluate the effects of body‐worn cameras on a series of police work activity, civility, and lawfulness outcomes. Relative to control officers, citizen complaints against treatment officers outfitted with body‐worn cameras were reduced by 21 percent. Treatment officers, however, also filed nearly 39 percent more stop reports when compared with control officers. Treatment stop reports tended to involve minority subjects, were less likely to involve arrests and summons, and were significantly more likely to be rated as not meeting constitutional justifications for stops, frisks, and searches. These results suggest that body‐worn cameras improved NYPD officer compliance with mandates to document all stops and could be used to address unlawful policing through better detection of problematic police–citizen encounters.

The Inheritance Dispute Settlement In Court

The purpose of this study is regarding the settlement of inheritance law disputes, which is one of the reasons a person gets an inheritance, including marriage, blood relations, parents or close sibling relationships or because of testament. This has also been regulated in the provisions of the civil law code of the Civil Code B.W, because someone receives an inheritance because of a nashab/kinship relationship and because of marriage. Meanwhile, for the occurrence of inheritance, it is necessary to have the following elements: 1. The existence of a person who dies (erflater) The person who dies is the person who leaves the inheritance and is called the heir. 2. There are people who are still alive (erfgenaam) people who are still alive, namely people who according to the law or testament are entitled to inherit from the person who died. They are called: Heirs. 3. The existence of objects that are left behind (erftenis, nalatenschap) objects that are left behind are things that are left by the testator at the time of his death, which is called inheritance. The form of this inheritance can be in the form of Activa (receivables, bills) or Liabilities (debts). Problems regarding the distribution of inheritance have basically been regulated in the legal provisions in Indonesia. Both in the provisions of the civil code and in the provisions of the compilation of Islamic law. Where are the provisions regarding Islamic inheritance disputes whose dispute resolution authority is in the religious courts. As for people who are non-Muslims, the settlement process is in the state court. Where in its implementation it must be able to reflect a sense of justice, while still upholding the principle of kinship that applies in the social life of the community.

Mining Dam Failures in Brazil: Comparing Legal Post-Disaster Decisions.

Mining dam failures have increased worldwide since the 1980s. Two large mining dam failures occurred recently in Mariana and Brumadinho, both in the state of Minas Gerais, Brazil. We hypothesize that there were significant differences in legal post-disaster decisions. The aim of this article is to understand the similarities and differences of post-disaster actions and controversies in Mariana and Brumadinho. We reviewed 686 news reports about court decisions and settlement agreements from the websites of state and federal courts and judicial institutions. After classifying the reports using an adapted protocol from a media health observatory, we conducted a thematic analysis. Our analysis suggests that there were significant differences in legal post-disaster decisions in the cases of Mariana and Brumadinho. In Mariana, there was privatization of post-disaster management, with the creation of the Renova Foundation, a mediated indemnity program, lack of access to information for those affected, and uncertainties in health and resettlement issues. In Brumadinho, there was faster implementation of the recovery and compensation measures, faster recognition of affected parties, and stronger participation of the population since the first hearings. Even though there were particularities in post-disaster management, the ultimate goal of the corporations responsible for the disasters was to protect their profits.

Precautionary Principle in the Court Settlement of Civil Environmental Cases

In recent years, the precautionary principle has begun to enter legal decision-making in Indonesian civil courts. This introduction is in line with environmental cases that often involve much scientific evidence. This article aims to describe theoretical elaboration and, to a certain extent, legal developments in the application of the precautionary principle in the settlement of civil environmental cases in Indonesia. The precautionary principle provides a framework for environmental decision-making in the event of scientific uncertainty. The theoretical elaboration shows a wide dimension of influence of the precautionary principle on the system of liability and proof. In comparison, the court cases also show the application of the precautionary principle in the liability system and proof despite still in its weak version.

Conditional Fees and the Contingency Fees distinction: A comparative study of the UK and US risk assessment for insurers in litigation

The Conditional Fee Agreements in the UK and the Contingency Fee in the US for legal retainers can be distinguished by their risk lawyers take even if they both allow law firms to be stakeholders in the litigation process. The introduction of the conditional fee agreements (CFI) in England enabled a framework of civil litigation that could be relied upon where the cause of action could not be financed by the client. There was an element of risk involved which the insurance company had to calculate and the Jackson Reforms were responsible for effective management of litigation through the introduction of costs budgeting. While the after effects insurance was abolished the various forms of CFI could facilitate the insured litigant. This has been harmonised by a consumer based legal provision in the UK that is the priority of the Legal Services Act 2007. The comparison needs to drawn with the contingency fee agreement offered by US firms that have encouraged litigation and allow the losing party to forfeit costs when losing their case. The argument of this paper is to retain both these form of agreements in their respective jurisdictions but to retain the flexibility of allowing out of court settlements.

Optimizing Community Research Report Function at The Prosecution Stage Under the Juvenile Court

The establishment of Law No. 11 of 2012 on the Juvenile Criminal Justice System was driven by two aspects, those are restorative justice and the diversion attempt. Those two things aims towards out of court settlement revolving around juvenile criminal cases, as well as recovering losses suffered by victims and rehabilitating the juvenile delinquent. Child imprisinment is only used as the last resort. Therefore, it is quite reasonable to consider Litmas recommendation of not imprisoning children. However, this may not always be the case. This paper will then analyze the reasoning on why there still many recommendations from Bapas Community Advisors in the social research reports that are not considered during the prosecution process. This requires9psearch is a normative research completed by analyzing secondary data. This study explains that there are still many recommendations in Litmas that are not considered at the prosecution stage.

EBITDA and DACF multipliers as an indicator of investment attractiveness of domestic vertically integrated companies

Subject. The article addresses the EV/EBITDA and EV/DACF ratios of the twenty five largest public oil and gas corporations from 2008 to 2018. Objectives. The purpose is to identify key trends in the value of EV/EBITDA and EV/DACF ratios of biggest public oil and gas corporations, determine factors resulted in the changes over the studied period, and establish the applicability of these multipliers for assessing the business value within the industry. Methods. I apply methods of comparative and financial-economic analysis, and generalization of consolidated financial statements data. Results. The study revealed that EV/EBITDA and EV/DACF multiples are acceptable for valuing oil and gas companies. The EV level depends on profitability, proved reserves, and a country factor. It is required to adjust EBITDA for information on impairment, revaluation and write-off for assets that are reported separately from depreciation, depletion and amortization costs, as well as for income or expenses arising after the sale of fixed assets and as a result of effective court decisions or settlement agreements. It is advisable to adjust DACF for income, expenses and changes in assets and liabilities, which are caused by events that are unusual for oil and gas companies. Conclusions. The application of EV/EBITDA and EV/DACF multiples requires a detailed analysis and, if necessary, adjustments of their constituent components. However, they are quite relevant in the context of declining profitability and growing debt burden in the stock exchange sector of the global oil and gas industry.

Restorative Justice Under Criminal Law - a Study

“Restorative justice” focuses on the rehabilitation of offenders through reconciliation with victims, and with the community at large. It has gained momentum as a justice reform movement in Western countries within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. In India, study has found that dispute resolution outside the formal court system was effective since time immemorial in some form or other. The present system of court annexed settlement as well as outside court settlement provides a golden opportunity to the disputant to resolve their dispute through the mechanism best suited to them. Such plenty of mechanism which have the components of restorative justice help a large number of parties to settle their disputes outside court. Restorative justice provides a large number of advantages in comparison to the adjudicatory processes, such as speedy disposal, cost effectiveness, maintenance of good relationship and chances of continuity of relationship, less formality, more compliance etc. In different parts of the world, people started using restorative justice system within criminal Justice System in different ways, such as plea bargaining, Victim-Offender Mediation, out of court settlement etc. Benefits obtained by such processes in other jurisdictions have compelled our legislature to use it within the Indian Criminal Justice System. The result of such incorporation of different processes within criminal justice is emergence of ‘Plea Bargaining’ within criminal procedure. Moreover, since the beginning of the criminal procedure in India there were provisions which could have been instrumental for using restorative justice within CJS such as compounding of offence, withdrawing from prosecution etc. Thus the study shows that out of court settlement within criminal justice system was not alien in India.In sui generis Plea Bargaining process victims get rights to decide about the case, participate in the process along with other stake holders and if their aspirations are fulfilled settled the case by virtue of ‘mutually satisfactory disposition.