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Wrongful death lawsuits occur when alleged negligence has led to a premature loss of life. Those are well known. But there's a surge in a new type of litigation: 'wrongful [...]

Construction litigation expenditures have increased considerably over the years. An universal prediction model (UPM) was developed to predict the outcome of construction litigation and, hence, encourage settlements out of court. The study was conducted by using 151 Illinois circuit court cases filed in the period 1987-2005. UPM consists of data consolidation, attribute selection, hybrid classification, and performance assessment. A code was written to automate the entire process in the Waikato environment for knowledge analysis. UPM is versatile and scalable. The findings resulted in a higher prediction rate than those obtained in previous studies. The system proved to be quite robust and fast. If the outcome of construction litigation can be predicted with reasonable accuracy and reliability, all parties involved in the construction process could save considerable money and time. DOI: 10.1061/(ASCE)0887-3801(2009)23:3(178) CE Database subject headings: Litigation; Court decision; Artificial intelligence; Predictions; Hybrid methods; Construction industry.

Assessing the impact of delay and resolving disputes are contentious issues since courts and administrative boards do not specify standard delay analysis practices. First, the advantages and disadvantages of widely used delay analysis methods, including the as-planned versus as-built, impact as-planned, collapsed as-built, time impact, and productivity analysis methods are summarized. Fiftyeight claim cases associated with time-based disputes in government work during the 1992-2005 period ate extracted and analyzed to observe issues in time-based claims, including the reasons why they occur and the common practices in their resolution. The effects of various factors on the selection of a delay analysis method are examined. These factors include the type of schedule used, the schedule updating practice, the use of existing versus newly created schedules, and the availability of expertise, information, time, and funds. A project management system that makes use of regularly updated network schedules, and that maintains adequate project records should allow a scheduling expert to select a delay analysis method that would make a claim quite convincing. DOI: 10.1061/(ASCE)0733-9364(2008)134:4(242) CE Database subjeet headings: Claims; Litigation; Scheduling; Construction industry; Delay time.

This study deals with the Chinese labour litigation system and its role in resolving labour disputes, a topic that has not been normally considered in the industrial relations and human resource management literature. Labour litigation has become a key institution and an increasingly popular option for settling labour disputes since the mid-1990s in China. This has been mainly because non-legal mechanisms have become less effective in solving more and more complicated widespread labour disputes. China has no specialist labour tribunal or industrial relations court and labour legal cases are dealt with in civil courts. The limitations of the current Chinese labour litigation system hinder labour disputes from being resolved effectively and fairly. Also, although a high proportion of court cases are found in the employee's favour, due to their disadvantaged state in employment relations, workers often make compromised claims for labour litigation. Implications for practitioners and future research are discussed., INTRODUCTION Labour litigation is the last recourse for resolving labour disputes in China. Legal action becomes extremely important for maintaining justice in China's employment relations because they are becoming increasingly [...]

Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. [...]

The US has become increasingly litigious through the years. Doctors are being sued for the slightest perceived infraction. In the late 1990s, courts have become more congested and inefficient while citizens overall have come to believe that justice cannot be obtained within the system. This is partly because of highly ideological judges and gullible juries that are too easily fooled by canny lawyers. A number of suggestions may put a stop to the exploitation of the medical profession by the legal profession. They include having state judges select juries rather than the lawyers., If our legal system were a human body, it would already have died of multiple illnesses. But because it's a social system, it continues to function, though at times like [...]

Several issues have been raised on whether or not expert witnesses should receive contingency fees. Organized medicine and defense lawyers believe that providing expert witnesses with contingency fees will only motivate witnesses to make false testimonies, considering that they will gain nothing if the plaintiff loses. On the other hand, proponents of contingency arrangements consider the practice as a viable way of allowing less privileged plaintiffs to pursue their legitimate lawsuits., Supporters say they're the only way to assure an injured patient his day in court. To opponents, they're an incentive to slant testimony. Is it ethical, or legal, for an [...]

Getting out of legal problems connotes presenting the proper documentation and necessitates searching for loopholes or legal provisions that may work in the litigant's favor. For example, incorrectly executed contracts or verbal agreements are not entirely worthless and, in a court of law, requires only that judges be fully convinced of the litigant's argument. Cleverness, perseverance and good fortune can also conspire to work in favor of the litigant., From failing to "get it in writing," to facing down a co-op board - these doctors didn't seem to have a prayer. But they prevailed, and so can you. When [...]

A malpractice suit is inevitable in medical practice. Doctors can win their case by carefully preparing for it. The preparatory steps they should take include participating in the legal system as an expert witness or by evaluating workers' compensation cases, selecting a lawyer well, studying the case's medical aspects thoroughly, and following the instructions of lawyers on how to behave in the deposition room and the courtroom. Medical practitioners should also remember that a malpractice suit does not have to prevent them from pursuing a productive career., Reach the hearts - rather than the minds - of the jurors. And throw in a few other tricks, too. It worked beautifully for the author. More than 25 years [...]