Damages litigation

Schombel, L. F., 1994, Bedrock and alluvial aquifer saturated thickness isopach maps in Wossner, W. W., ed. Missoula, Montana, Montana Department of Justice, Natural Resource Damage Litigation Program, p. 130. 

The victim in a road colhsion could allege an actionable fault by the highway authority. If an investigation identifies a causal hnk between the fault and the injury (or damage), litigation might follow. 

MerlT states that a proactive risk management plan reduces product liability lawsuits, but it can also reduce drug sales "for reasons that turn out to be ephemeral." He warns pharmaceutical companies, however, that being defensive — such as described by Fitzgerald — is extremely risky. "Ongoing product liability litigation can damage a company s bottom... 

This principle requires fine-tuned, protracted comparisons between the parents to decide who is best suited. In the end, let us assume, the filter parent is selected. Yet custody litigation imposes great emotional damage on the child, arguably more than what would result if custody were given to the less fit parent. One should ask whether it is in the best interest of the child to let custody follow the best interests of the child. The decision that would have been best if found instantaneously and costlessly may not, all things considered, be the best if costs of decision making are taken into account. ... 

Dan Luss I believe that there is still a need to study pathological behavior, especially in systems where it is caused by the interaction of the fluid flow and chemical reaction. For example, a major problem in the design and operation of a trickle-bed reactor is the presence of local hot spots, which have caused several major explosions. I ve just been involved in litigation that resulted from a reactor explosion it caused 15 million worth of damage at a plant in Corpus Christi. Most of the existing models in the literature are oversimplified and cannot predict this important feature. A model that will predict this behavior would be an important contribution. Another example is the self-ignition of coal piles, which is the major source of emission of sulfur dioxide into the atmosphere in South Africa. It s definitely desirable to get a better quantitative understanding of this behavior and how to prevent it. 

If one is seriously concerned about drug development for new indications, one should question whether patent protection shouldn t be extended and whether settlements and damages awarded pursuant to litigation should be based on actual damages rather than on the perceived wealth of a company (inflated as it is, of course, by high prices). It is a commonly held view that patents cause high prices. In contrast, it is more likely the projected loss of a patent that inflates prices. Might more of a free market with lifetime patent protection for a company s assets result in lower prices ... 

Toxic tort litigation has several distinguishing characteristics, including issues of exposure, latency, prospective damages, causation, risk, and complex challenges involving expert testimony and multiplicity of parties. 

The spoilage of medicines as a result of microbial contamination, although obviously undesirable, has as its main consequence financial loss rather than ill health on the part of the patient. The other major problem posed by microbial contamination of medicines, that of the risk of initiating infection, although uncommon, is far more important in terms of risk to the patient and possible loss of life (Chapters 7 and 16). Infections arising by this means also have financial implications, of course, not only in additional treatment costs but in terms of product recalls, possible litigation and damage to the reputation of the manufacturer. 

In March 2004, the Second Circuit Court of Appeals for New York issued an order allowing litigation by Indian property owners near the Bhopal plant to proceed against Union Carbide in the New York District Court for property damages, including environmental remediation of their properties. The case that is being allowed relates to contamination that is not from the gas disaster, but rather from the operation and abandonment of the plant site. 

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