Successful Claims Research Articles

Litigating the Climate between National and International Human Rights Regimes

Abstract This paper identifies the architecture of the justiciability of the right to a healthy environment, analysing the contribution of national and international regimes in climate litigation. It argues that neither the former nor the latter alone can currently offer a fully implementable set of remedies to the catastrophic consequences of environmental degradation. In all the cases, collectiveness is a parameter that needs to be taken into consideration, and which is shaping the way most of successful environmental claims are framed. This calls for a reflection on what courts can contribute, and maybe also if they should contribute at all, in the absence of explicit political will in the form of a specific binding treaty. It is concluded that through the interaction between domestic and international courts we can envisage a full coverage of the rights involved.

Litigation claims in Urology in the UK National Health Service: an analysis of the trends, costs and causes over a 16-year period.

To analyse the litigation trends and the reasons for claims within the specialty of Urology, within the UK National Health Service (NHS), over a 16-year period. Data were requested from NHS Resolution under the Freedom of Information Act 2000. This included the total number of claims in Urology, the number of these that were successful (settled or closed), and the costs in damages paid out per financial year between 2006 and 2022. A breakdown of the successful claims by their primary cause was also collected. These were coded into the categories: 'non-operative', 'intraoperative', 'postoperative', and 'other'. A total of 4124 litigation claims were made between 2006 and 2022 and 60.9% (2511/4124) of these claims were successful. In all, £145 million (British pounds) was paid out in damages. The number of successful claims increased 2.9-fold from the start to end of this 16-year period, and the costs in damages paid out increased 10-fold. Regarding primary causes for the successful claims, failure or delay in treatment (20.9%, 525/2511), failure or delay in diagnosis (14.5%, 364/2511), and intraoperative problems (9.1%, 229/2511) accounted for the highest proportion. Overall, non-operative causes for successful claims accounted for 73.3% (1840/2511), intraoperative for 20.1% (504/2511), and postoperative for 3.9% (98/2511). The number of successful urological litigation claims, and their associated costs is rising. The majority are due to non-operative causes, which may be partially explained by NHS waiting lists alongside the effects of the coronavirus disease 2019 (COVID-19) pandemic.

The role of suspicious accounts in setting political discourse: a study of the Pakistani Twitter space

PurposeThis paper aims to explore the use and impact of social media, specifically Twitter (now X), in political mobilization in Pakistan. It focuses on the events followed by the no-confidence motion against Imran Khan as Pakistan’s prime minister in April 2022 and the protest campaign that ensued, facilitated through the strategic use of the Urdu hashtag #امپورٹڈ_حکومت_نامنظور (translated as “imported-government unacceptable”) on Twitter, both within and outside Pakistan.Design/methodology/approachUsing Web scraping, data from Twitter was extracted and analyzed between 2022 and 2023. By probing into user account profiles and interactions with this hashtag, this paper investigates the claims surrounding the hashtag’s popularity, by identifying suspicious accounts and their contributions in the trending of the hashtag.FindingsFindings suggest that the claim of the hashtag's unprecedented success was overhyped, further suggesting that the popularity and impact of the social media campaign were exaggerated. Despite high engagement rates, the study indicates a discrepancy between perceived influence and actual impact on public sentiment and political mobilization.Originality/valueThis paper contributes to the literature on social media’s role in political mobilization and agenda-setting in the Pakistani context. More generally, understanding hashtag dynamics and their impact on shaping public opinion, may be beneficial to academics and practitioners in better understanding the role of digital platforms in the politics.

Precarious employment and the workplace transmission of COVID-19: evidence from workers’ compensation claims in Ontario, Canada

ObjectiveTo examine the association between precarious employment and risk of work-related COVID-19 infection in Ontario, Canada.MethodsWe combined data from an administrative census of workers’ compensation claims with corresponding labour force...

Identifying Evidentiary Checkpoints and Strategies to Support Successful Acquittals for Women who Kill an Abusive Partner During a Violent Confrontation

This study examined 32 Australian cases of women prosecuted for killing their abusive male partners in self-defence between 2010 and 2023. The objective was to track the legal pathways and identify salient factors influencing both acquittals and convictions. While most women received a manslaughter conviction by pleading guilty, nearly all cases that proceeded to trial resulted in no conviction. Key findings include: the utility of partial defences as a safety net for self-defence; evidence of overcharging; the identification of “evidentiary checkpoints” at trial to downgrade or withdraw murder charges; a checklist for legal counsel advising clients on the risks of trial; the advantage of private legal counsel in successful self-defence claims; and the systemic disadvantage of Indigenous women, highlighting the need for continued research. These findings underscore the intricate dynamics within the legal system when addressing cases of intimate partner violence, emphasising the need for comprehensive reforms and support structures.

Held v State of Montana: A Constitutional Rights Turn in Climate Change Litigation?

Abstract This analysis examines the decision in Held v State of Montana by the Montana First Judicial District Court, in which 16 youth plaintiffs successfully argued that provisions within the state energy policy and the Montana Environmental Policy Act (MEPA) violate their constitutional right to a clean and healthful environment. As the first climate case in the USA to be brought based on a constitutional right to a healthy environment, it has received considerable attention and is being hailed as a landmark victory. This analysis examines the case in the context of recent trends in climate change litigation and argues that whilst the decision is indeed noteworthy, the circumstances that led to the decision make it unlikely that a wave of similarly successful claims will follow in the USA. Nevertheless, the case could mark a so-called ‘constitutional rights turn’ in climate litigation, as the case bolsters support for stronger protections for environmental rights.

Comprehensive approach to claim assessment in construction project

Effective claim management is crucial in construction projects to ensure fair resolution of disputes, control costs, and maintain project schedules. This article analyzes the claim assessment practices in construction projects across four regions: Malaysia, the United Kingdom (UK), Vietnam, and Lagos (Nigeria). By examining successful claim assessments, identifying lessons from disputed claims, and conducting a comparative analysis, the study uncovers effective strategies and common challenges in claim management. Key findings highlight the importance of comprehensive documentation, proactive claim management, and the use of advanced tools such as Building Information Modeling (BIM) and Project Management Information Systems (PMIS). Successful projects often employed robust documentation practices, clear communication channels, and advanced analytical tools to resolve claims efficiently. Lessons learned emphasize the necessity of clear contract terms, regular training for site staff, and standardized procedures to mitigate disputes. Recommendations for practitioners include implementing robust documentation practices, adopting proactive claim management, enhancing communication and collaboration, using advanced analytical tools, and engaging independent experts. The article also identifies areas for future research, such as the impact of emerging technologies, the effectiveness of Integrated Project Delivery (IPD), and the role of Continuous Professional Development (CPD) programs in enhancing claim management skills. By adopting these best practices and addressing identified challenges, project stakeholders can improve the efficiency, accuracy, and fairness of claim assessments, contributing to the successful completion of construction projects. Keywords: Claim, Construction, Contract, Delay, Documentation, Management, Project.

The Wrongful Arrest Theory: Justice For Individuals With Diabetes In Criminal Law Procedure

This paper discusses the vulnerability of diabetic individuals when they are subjected to arrest procedures in criminal law. It analyzes the wrongful arrest theory as a device for individuals with disabilities to bring claims against law enforcement when their rights under Title II of the Americans with Disabilities Act (ADA) are violated. Individuals with diabetes constitute more than 10% of the United States population, meaning that many individuals are at risk for police misconduct because of their disability. The symptoms that come about with having diabetes, such as fruity-smelling breath and loss of coordination, can be mistaken for illegal activity leading to a wrongful arrest. No case involving ADA Title II violation claims against law enforcement relying on the wrongful arrest theory has been brought by an individual with diabetes. This paper explores the possibility of its potential success. To accomplish this, this paper first defines disability under the law, including diabetes. It then conducts a thorough analysis of the wrongful arrest theory in various case studies consisting of non-diabetic and diabetic plaintiffs. In a final case study, I apply the wrongful arrest theory to a case hypothetically to illustrate the plaintiff's potential success if he claims a wrongful arrest. Lastly, I explore some of the theory’s limitations and propose a potential solution. I hope that my findings will emphasize the lack of discourse surrounding individuals with diabetes in disability law and encourage further research and education on the wrongful arrest theory as a successful claim against Title II violations committed by law enforcement.

Proprietary interests and knowing receipt: Byers v Saudi National Bank [2023] UKSC 51

Abstract The long-awaited Supreme Court ruling in Byers v Saudi National Bank has provided a welcomed judgment on an established claim in equity and trusts law, knowing receipt. The judgment not only provides guidance on an issue which has never been directly addressed at the Supreme Court level before, namely whether a continuing proprietary interest is needed for a successful claim in knowing receipt, but also provides much-needed clarification on the underlying basis and application of knowing receipt claims moving forwards, guidance that will be renowned for years to come.

Иск прокурора об истребовании объектов жизнеобеспечения населения из чужого незаконного владения

The article discusses issues related to prosecutors’ claims for the recovery of life support facilities for the population, such as heat and energy supply systems, from someone else’s illegal possession. The author analyzes the legal and procedural aspects of such claims, highlighting the mechanisms for filing claims against owners acting contrary to the law. The article emphasizes the importance of the role of the prosecutor’s office in protecting the interests of the population and ensuring the sustainable functioning of life support systems, and also provides examples from judicial practice. Particular attention is paid to cooperation with other bodies and departments to effectively identify and suppress such violations. The article raises issues of transparency in the process of combating illegal possession. Specific cases of successful claims by prosecutors are given, which can serve as a model for the development of judicial practice. The author of the article analyzes the factors that contribute to the successful completion of cases, and also highlights the difficulties that prosecutors face in their practice. Practical recommendations are offered to improve the efficiency of the prosecutor’s office in this direction.

An Unauthorized Renaissance? An Analysis of Artists’ Claims for Copyright Infringement Against AI Generated Art and Possible Defenses

AI currently presents a novel issue in terms of copyright infringement, specifically AI generated art. Recently, a group of artists filed a class action lawsuit against several AI generated art companies. This comment evaluates the potential avenues the court may take. The artists allege these AI generated art companies directly infringed on their copyrighted works by making unauthorized copies of copyrighted works which they used to train their machine learning programs. A determination on whether AI generated art constitutes copyright infringement has not been made by the courts before. To bring a successful copyright infringement claim, a party must show proof of a valid copyright and actual infringement. Copying is considered an infringing act. There is currently a circuit split on whether downloading a copyrighted work constitutes copying. Should the court in the instant lawsuit follow the Seventh, Ninth, and D.C. Circuits, downloading unauthorized copies of copyrighted work to train machine learning programs would be copyright infringement. This comment evaluates a potential fair use defense the AI generated art companies may pursue and its viability. Lastly, the court may take into account policy considerations regarding innovation being stifled by AI generated art and unfair competition.

The Rise of Human Rights Limits to Migration Control – A European Perspective

One crucial difference between migration and other areas is that the web of individual rights woven by human rights law has remained thin for a long time. Migration has long looked like the last bastion of sovereignty while other fields of law became subject to a rights revolution imposing meaningful constraints on public authorities. This essay confronts the legacy of immigration exceptionalism with developments in the European legal space since the 1990s. Catalyzed by the case law of the European Court of Human Rights (ECtHR), human rights eventually have taken center stage in legal and political struggles challenging the power to exclude. The expansion of human rights discourse in contemporary Europe is seen as part of a larger trend. Mutually reinforcing processes of “humanrightization” in law, politics, and everyday practice have given rise to successful claims raised by migrants and other social actors seeking to limit the governmental power of migration control. Humanrightization of migration discourse makes it possible to formulate far-reaching demands for the inclusion of migrants within the framework of the recognized rules of legal argumentation—a “positivist human rights maximalism.”

‘There should be equality in opinions’: Political Opinion in Intimate Partner Violence Claims

Abstract There is longstanding acceptance that opposition to discrimination against women and/or non-conformity with prevailing gender norms may constitute a political opinion in refugee law. However, courts have not consistently taken an expansive view of political opinion in gender cases. In particular, notwithstanding the global prevalence of intimate partner violence (IPV), there is little jurisprudential and, crucially, academic clarity in relation to the political implications of non-conformity with social mores in the context of IPV. Despite this inhospitable environment, lawyers continue to argue this ground in IPV claims, particularly at jurisprudential crisis points, as occurred recently in the aftermath of a 2018 decision in the United States, overruling previous precedent granting refugee status based on membership in a particular social group. This article provides an overarching examination of the academic discussion on the desirability and practicability of applying the political opinion ground and the case law considering this ground to date. Using the jurisprudence of appeal tribunals in five common law jurisdictions, the article reveals commonalities in both successful and unsuccessful claims in this context. Notably, it identifies that ‘nexus’ to an opinion is a previously underappreciated barrier to applying the political opinion ground in IPV claims. These observations provide a crucial foundation for further reasoned consideration of the political opinion ground in IPV claims which may arise given this ground’s ongoing invocation at first instance and in lower-level administrative decision making.

Current thinking about medicolegal aspects of temporomandibular joint surgery

This paper considers the current situation regarding medicolegal risks in temporomandibular joint surgery from three perspectives: the law, the patient, and the surgeon. The law relating to successful claims of clinical negligence requires that a cause-and-effect relationship is demonstrated by the claimant. Complications are considered in the light of recent research on their stratification in other fields of surgery. Surgeons become repeat offenders rarely. They display certain common characteristics which are discussed in this paper.

A Review of Disputes in Claims for Loss and Expense Related to the PWD Form of Contract Based on Malaysian Legal Cases

Construction disputes arising from claims have become common in this unique and complex industry. Resolving disputes leads to extra costs and is time-consuming. Most of the disputed claims in construction occur due to project delays. A claim for loss and expense is one of the claims incurred due to certain events that usually arise from the delay. Therefore, this paper aimed to identify disputes in claims for loss and expense related to the PWD form of contract based on Malaysian legal cases. Understanding why disputes occur in construction contracts can reduce the chances of their occurrence, and parties can establish a quick, cost-effective resolution process that will not jeopardise their potential in future business relationships when disputes arise. The research adopted a review related to construction law cases from 'Malayan Law Journal Report/Unreported'. Findings indicate that disputes in claims for loss and expenses related to the Public Works Department (PWD) form of contract can be categorised into contractual, documentation, and procedure. Understanding the contract provisions is a must for every construction party to obtain successful claims. This paper suggests identifying disputes related to PAM forms of contracts in the Malaysian construction industry, so that the contracting parties can understand the impact of the disputes.

An Analysis of Antioxidant Therapies for COVID‐19

AbstractOxidative stress and inflammation are observed in critically ill patients with severe acute respiratory syndrome coronavirus 2 (SARS‐CoV‐2). As oxidative stress is due to free radicals, free radical scavenging agents, such as vitamin C, are used in the hope of mitigating the severity of COVID‐19. In this paper an analytical model of free radical encounters within a cell is derived. It computes the effectiveness of free radical scavenging and the subsequent reduction in oxidative damage due to therapeutic intervention of exogenous antioxidants. Various publications make claims of success, albeit modest, treating critically ill COVID‐19 patients with high doses of vitamin C. The findings cast doubt on these claims and challenge the notion that any benefits attributed to vitamin C are due to free radical scavenging.

Navigating the EU Health Claim Regulation

Abstract The Health Claim Regulation (HCR) is the legal framework used by food businesses to highlight the benefits of their food products on labels or in promotional communications in the European Union (EU). The rules aim to ensure consumer protection from misleading health claims and to promote fair competition, the free circulation of foods bearing health claims and innovation. There are different authorisation procedures managed by the European Commission (EC) for distinct types of claims and considerable guidance is available both on the presentation of the dossier and the scientific aspects of substantiation of the health claim. While thousands of health claims have been submitted by applicants, only a small percentage have been authorised and the rate of submission has slowed dramatically from the early years of the HCR’s introduction. Nevertheless, applicants have been successful and health claims have been authorised in each health claim type. More recently, the introduction of the Transparency Regulation has impacted the submission process in significant ways, and it remains to be seen if this change will encourage or deter applicants from submitting. While the HCR has been in place for 16 years, there are still many outstanding items, such as nutrition profiling and “on hold” claims that affect businesses. In addition, authorities often take different views on the flexibility that can be applied to authorised health claim wording. This makes implementation of authorised health claims across the EU often complex for businesses to manage. However, despite these issues, the HCR has made strides to protect consumers from misleading claims and provided a robust framework for the scientific evaluation of health claims which is highly regarded worldwide. Information © The Author 2023

Managing Organizational Risk to Avoid Dispute For DX

Although not only information technology (IT) systems but also collaborative work with IT vendors and IT users are indispensable for digital transformation (DX), disputes between IT vendors and IT users (IT disputes) have often been observed, after the abortions of IT projects and successive claims to compensate for individual losses. The vendors and users waste tremendous resources as well as opportunities, however, the root causes of IT disputes and measures to prevent similar incidents are not clarified. Lessons learned from such disputes have not been identified specifically enough to prevent the same troubles in the future. The goal of this paper is to identify the lessons learned. Applying a new analytical technique for troubled IT project cases, we identify individual root causes and business risks, whose threats have been overlooked by organizations, and derive the lessons learned. We also show specific management practices for avoiding the same disputes based on the lessons learned. Moreover, after showing that current institutes of project management have not considered the risk and have not involved the lessons learned in the management standards, we propose a revised organizational project management standard with specific practices for less loss of our social and economic activities in the future DX era.

Exploring the ability of vocal biomarkers in distinguishing depression from bipolar disorder, schizophrenia, and healthy controls.

Vocal features have been exploited to distinguish depression from healthy controls. While there have been some claims for success, the degree to which changes in vocal features are specific to depression has not been systematically studied. Hence, we examined the performances of vocal features in differentiating depression from bipolar disorder (BD), schizophrenia and healthy controls, as well as pairwise classifications for the three disorders. We sampled 32 bipolar disorder patients, 106 depression patients, 114 healthy controls, and 20 schizophrenia patients. We extracted i-vectors from Mel-frequency cepstrum coefficients (MFCCs), and built logistic regression models with ridge regularization and 5-fold cross-validation on the training set, then applied models to the test set. There were seven classification tasks: any disorder versus healthy controls; depression versus healthy controls; BD versus healthy controls; schizophrenia versus healthy controls; depression versus BD; depression versus schizophrenia; BD versus schizophrenia. The area under curve (AUC) score for classifying depression and bipolar disorder was 0.5 (F-score = 0.44). For other comparisons, the AUC scores ranged from 0.75 to 0.92, and the F-scores ranged from 0.73 to 0.91. The model performance (AUC) of classifying depression and bipolar disorder was significantly worse than that of classifying bipolar disorder and schizophrenia (corrected p < 0.05). While there were no significant differences in the remaining pairwise comparisons of the 7 classification tasks. Vocal features showed discriminatory potential in classifying depression and the healthy controls, as well as between depression and other mental disorders. Future research should systematically examine the mechanisms of voice features in distinguishing depression with other mental disorders and develop more sophisticated machine learning models so that voice can assist clinical diagnosis better.

Post‐2015 refugees in Germany: “Culture of welcome”, solidarity or exclusion?

Post‐2015 refugees in Germany: “Culture of welcome”, solidarity or exclusion?