Relevant bibliographies by topics / Litigation cost

Academic literature on the topic 'Litigation cost'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Litigation cost"

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Selatole, Moshibudi J., and Collins C. Ngwakwe. "Asymmetry between the cost of medical litigations and the number of medical litigations." Corporate Ownership and Control 13, no. 1 (2015): 356–61. http://dx.doi.org/10.22495/cocv13i1c3p3.

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The impact that rising costs of litigations has had on many countries has seen society deprived of good quality health care and a substantial extra-expenditure in health budgets. The financial and societal costs of medical malpractice litigations have also been a growing cause for concern in the developing country of South Africa. This paper attempted to contribute to the knowledge of this problem in the South African setting by examining settlement costs of medical litigations in one province of the country over a 6 year period, and examining the relationship between these costs and the number of litigations. No correlation was found between the number of litigations and the costs of litigations, this indicates that, aside from the number of litigations, other factors are responsible for rising costs of litigation. The paper recommends that the department should continue monitoring the environmental costs of litigations for budgetary and management purposes; and the need to introduce an electronic integrated medical litigations reporting system, as well as tort reforms to curb the costs of the litigations. This work also calls for substantial further research in terms of what disciplines, what medical errors, and what circumstances greatly influence litigation outcomes.
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Lane, Jenni, Rahul Bhome, and Bhaskar Somani. "National trends and cost of litigation in UK National Health Service (NHS): a specialty-specific analysis from the past decade." Scottish Medical Journal 66, no. 4 (November 2021): 168–74. http://dx.doi.org/10.1177/00369330211052627.

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Background and aims Medical litigation claim and costs in UK are rising. This study aims to analyse the 10-year trend in litigation costs for individual clinical specialties in the UK from 2009/10 to 2018/19. Methods Data were procured from National Health Service (NHS) Resolution. Number of claims, total litigation costs and cost per claim were ascertained for each financial year. The data collected also includes the number of claims and average amount per claim per speciality during the years 2009–2019 (2009/2010 to 2018/2019 financial years). Results The total annual cost of NHS litigation is currently £3.6 billion(2018/2019). Damages make up the greatest proportion of costs(£1.5 billion). Surgical specialties have the greatest number of claims annually(2847) but Obstetrics has the greatest total litigation(£1.9 billion) and cost per claim(£2.6 million). Number of claims, total costs and cost per claim are significantly greater in 2018/2019 than in 2009/2010. Conclusions Addressing the issue of litigations is complex. Medically there are speciality specific issues that require attention, whilst some general measures are common to all: effective communication, setting realistic targets and maintaining a motivated, adequately staffed workforce. These, alongside legal reforms, may reduce the financial burden of increasing litigation on the NHS.
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Vervaeke, Ans, and Griet Vermeesch. "The Cost of Litigation." Crime, Histoire & Sociétés, no. 23, n°1 (September 30, 2019): 27–45. http://dx.doi.org/10.4000/chs.2357.

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GOLDSTEIN, J. "Alternatives to high-cost litigation." Cornell Hotel and Restaurant Administration Quarterly 36, no. 1 (February 1995): 28–33. http://dx.doi.org/10.1016/s0010-8804(99)80054-8.

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Goldstein, Joseph I. "Alternatives to High-Cost Litigation." Cornell Hotel and Restaurant Administration Quarterly 36, no. 1 (February 1995): 28–33. http://dx.doi.org/10.1177/001088049503600115.

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Upperton-Evans, N. "The increasing cost of litigation." Engineering Management 15, no. 2 (April 1, 2005): 18–19. http://dx.doi.org/10.1049/em:20050204.

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Keet, Michaela, Heather Heavin, and Shawna Sparrow. "ANTICIPATING AND MANAGING THE PSYCHOLOGICAL COST OF CIVIL LITIGATION." Windsor Yearbook of Access to Justice 34, no. 2 (February 14, 2018): 73–98. http://dx.doi.org/10.22329/wyaj.v34i2.5023.

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Despite growing national attention on the costs of accessing justice, surprisingly little information has been collected about the psychological ‘costs’ of engaging in litigation. This article summarizes the health and psychology literature, to present a picture of the impact that litigation can have on litigants’ health, state of mind, life goals and social relationships. Set against professional obligations embedded in the lawyer’s role, we assert that awareness of the negative impacts of legal processes on the emotional and psychological functioning of clients is important. With greater awareness, lawyers can better assess the value of litigation, prepare their clients (and themselves) for litigation stress, and, where appropriate, take preventative actions to minimize the negative aspects of the litigation experience. With that in mind, we identify positive solution-oriented responses to preventing, reducing and alleviating litigation stress. These strategies focus on client-centred communication, supports and planning.
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Saad Mutlaq Eid Al- Ghuwairi, Saad Mutlaq Eid Al Ghuwairi. "Judicial costs in commercial cases and their role in limiting recourse to the judiciary: التكاليف القضائية في القضايا التجارية ودورها في الحد من اللِّجوء للقضاء." مجلة العلوم الإقتصادية و الإدارية و القانونية 6, no. 8 (March 28, 2022): 1–14. http://dx.doi.org/10.26389/ajsrp.b141021.

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In this research, the researcher discussed the court costs issue in the new court cost system issued in the Kingdom of Saudi Arabia in 2021, and how this system has affected and will affect the reduction of merchants and companies' recourse to the commercial court, as the court cost is a new issue in Saudi Arabia and has not been adequately analyzed so far. The researcher used the inductive- deductive method to track and analyze texts to reach the results. In this new system, the regulator wanted to reduce the vexatious litigations that hinder the judicial work within the courts and delay the adjudication of cases and the issuance of judgments in them, which is incompatible with the speed and credit upon which business is based, as well as to encourage individuals to document contracts and financial and commercial transactions. The researcher reached a set of results, including that the court cost system makes pleading before the court more serious by imposing court fees for litigation, and also contributes to reducing the number of vexatious litigations in the commercial field, which leads to improved judgments. The researcher made some recommendations, including the system's need for further improvements to achieve its objectives without compromising the right of individuals and companies to defend their rights and without questioning the free litigation and the right to litigation stipulated in the Basic Law of the Governance.
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Yoon, Sung-Soo. "Multiple Taxpayers and Litigation Cost Reimbursement Rules." Journal of the American Taxation Association 22, no. 1 (March 1, 2000): 78–88. http://dx.doi.org/10.2308/jata.2000.22.1.78.

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This study examines whether the existence of multiple taxpayers who have similar cases will affect the settlement/litigation decisions of the Internal Revenue Service (IRS). It also investigates whether changes in tax laws that reduce taxpayers' litigation cost burden will encourage the IRS to settle more tax cases. I find that the existence of just two taxpayers can make the IRS prefer a trial to a settlement even when the IRS would settle if there were a single taxpayer. I also find that changes in litigation cost reimbursement rules favoring taxpayers will not lead to more settlements as expected. Instead, such changes can result in more trials. Litigation cost reimbursement rules decrease taxpayers' total burden in general, but could increase that of those who have strong cases in some settings.
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Kerr, Charles D., and Paul Nisselle. "The personal cost of medical litigation." Medical Journal of Australia 181, no. 7 (October 2004): 384–85. http://dx.doi.org/10.5694/j.1326-5377.2004.tb06335.x.

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Dissertations / Theses on the topic "Litigation cost"

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Stefani, Michael R. "MITIGATING COST AND SCHEDULE RISK FROM ENVIRONMENTAL LITIGATION OVER DOD PROJECTS IN HAWAII." Monterey, California. Naval Postgraduate School, 2013. http://hdl.handle.net/10945/32904.

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The National Environmental Policy Act of 1969, coupled with advances in communication technology, have brought the general public into the decision-making process for environmental reviews required to make federally funded infrastructure project decisions. This public participation is well pronounced in the state of Hawaii with its strong environmental, historical, and cultural ties. This public involvement, along with the often variable analysis and communication requirements, has the potential to add significant cost and schedule risk to ongoing and future infrastructure development projects. This thesis evaluates past project challenges and provides common themes and lessons learned to reduce the likelihood of repeating past mistakes. It is envisioned that the Department of Defense will be able to use this information to reduce cost and schedule risk for future infrastructure projects in the state of Hawaii.
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Petruska, Karin A. "Accounting Conservatism, Cost of Capital, and Fraudulent Financial Reporting." Kent State University / OhioLINK, 2008. http://rave.ohiolink.edu/etdc/view?acc_num=kent1214829860.

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Stake, Johan Y. "Essays on quality evaluation and bidding behavior in public procurement auctions." Doctoral thesis, Örebro universitet, Handelshögskolan vid Örebro Universitet, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-45833.

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In this dissertation, I investigate how different aspects of the procurement process and evaluation affect bidding behavior. In essay 1, we attempt to map public procurements in Sweden by gathering a representative sample of procurements. We find that framework agreements and multiple-contract procurements represent a very large share of total government spending. The total value procured by government authorities, municipalities and counties accounts to 215 BSEK yearly, which we believe is an underestimate due to data issues. Essay 2 suggests a simple method for of estimating bidding costs in public procurement, and are empirically estimated to be approximately 2 percent of the procurement value using a comprehensive dataset and approximately 0.5 percent for a more homogeneous road re-pavement dataset. Our method provides reasonable estimates with, compared to other methods, relatively low data requirements. Essay 3 investigates the effect of quality evaluation on small and medium-sized enterprises (SMEs). Contrary to common belief, SMEs’ participation does not increase when evaluating quality, and their probability to win procurements decreases compared with that of large firms. In essay 4, the bidders’ decision to apply for a procurement review “appeal” is investigated. Contrary to procurers’ beliefs, evaluating quality is found not to have any statistically significant effect on the probability of appeals. Instead, I empirically confirm theoretical prediction of the 1st runner-up’s decision to claim the evaluation to be redone, as well as free-riding in appealing. In essay 5, we test whether spatial econometrics can be used to test for collusion in procurement data. We apply this method on a known cartel and test during and after the period the cartel was active. Our estimates support the proposition that spatial econometrics can be used to test for collusive behavior.
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Groot, Dawid Benjamin. "Developing a model for a fixed litigation fee structure for implementation in a small to medium sized law firm." Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/97268.

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Thesis (MBA)--Stellenbosch University, 2014.
ENGLISH ABSTRACT: Legal costs in South Africa are generally regarded as being too high. This leads to numerous problems. For example, a person with a valid dispute who cannot afford to have the dispute resolved in court, has limited access to justice, which is a constitutional right. The two methods that are most commonly used by attorneys engaged in litigation in South Africa to account to their clients are: Hourly billing, where clients are billed for the time spent on a matter or for the volume and number of documents created, and contingency fees, also known as “no win no fee” arrangements. Both these billing systems have disadvantages, including the incidence of risk during the litigation process and the incentive to the attorney to act in the client’s best interest. It is submitted that a fixed fee structure would resolve many of the problems experienced by the traditional billing methods. The challenge is to arrive at a fixed fee structure which is based on a proper analysis of the amount of work involved in the legal process. In order to calculate such a fixed fee structure, the legal process has to be broken into a number of steps and sub-steps, and each of these steps should then be analysed to ascertain how much work it entails. The aim of this study is to arrive at a model for a fixed fee structure which can be implemented at other law firms that are also engaged in litigation work. Primary billing data obtained from the author’s law firm was analysed to ascertain the various steps in the legal process, and to calculate the expected amount of work involved in each step. This data was then used to develop a fixed fee structure model which can be adopted by any litigation law firm, by merely multiplying its own current hourly billing fee structure with the values provided in the model. Certain practical problems which may be encountered during the implementation of the fixed fee structure are also discussed and possible alternative solutions are provided.
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Carrade, Elizabeth Marie. "A New Strategy for Climate Change Litigation: Recovering the Rising Costs of Rising Sea Levels." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1737.

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This thesis assesses the promise and potential failures of five tort cases filed in California city and county governments in 2017. The plaintiffs in these cases are suing the fossil fuel industry, claiming that the actions of the industry contributed substantially to global climate change, which is now causing sea level rise in their coastal communities. If these cases are successful, the budget-constrained city and county governments will be provided with funds necessary for climate change adaptation and mitigation measures that will allow residents to continue living in a hotter climate, with higher sea levels. As the effects of global climate change materialize, it is essential that local governments find ways to adapt.
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Ríos, Pizarro Carlos. "Three is a crowd? Some notes about Third Party Funding and its application in commercial arbitrations." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123422.

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In this article, the author introduces us to the institution of third party funding and its future application in arbitration litigation. Third party funding allows the litigant’s costs can be funded. Moreover, he points out the problems that the third party financing has, and the implementation of rules to deal with this situation. Finally, there is a tendency to expand the duty of disclosure of the parties whether a third party is funding them.
En este artículo, el autor nos introduce a la institución del third party funding y su futura aplicación en los litigios arbitrales. El third party funding permite que los costos del litigante puedan ser financiados. Asimismo, señala los problemas que presenta el tercero financista, y la implementación de normas para afrontar esa situación. Finalmente, hay una tendencia de ampliar el deber de revelación de las partes sobre si se está siendo financiado por un tercero.
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Mirindo, Frank. "Environmental Dispute Resolution in Tanzania and South Africa: A Comparative Assessment in the Light of International Best Practice." Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9222_1263173869.

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This research examines the effectiveness of these dispute resolution mechanisms in environmental disputes and what improvements should be made in order to make those mechanisms suitable for these types of disputes.

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Bellander, Henrik. "Rättegångskostnader : Om kostnadsbördan i dispositiva tvistemål." Doctoral thesis, Uppsala universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-312475.

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Rättegångskostnader – Costs in Civil Procedure The rules on costs in Chapter 18 of the Swedish Code of Legal Procedure (Sw: Rättegångsbalken) have an impact on several procedural questions but have rarely been thoroughly discussed in legal practice or theory since their adoption in 1942. On the other hand, since the Code was adopted civil procecedure scholars have considerably focused on the development and changes in society and how they affect civil procedure. This thesis aims at examining both these lines of development. The impact of the theoretical discussions during the 20th century is critically addressed, with special attention to cost-related questions, and the application of rules on costs in some current and actual situations are examined and evaluated from a pragmatic perspective. The inquiry shows that costs have been of indirect relevance for the theoretical discussion in procedural law and that this theoretical development in turn has had effects on cost rules. Changing views on civil procedure have led to altered framings of cost problems and to shifts in how the rules have been comprehended and applied. The inquiry covers questions on cost assessment and cost shifting between the parties, as well as problems connected to possibilities to spread costs and risk on legal representatives, funders and others. It is argued that a more compromising and pluralistic application of the rules combined with more explicit communication in cost issues between the parties and the court during early stages of the proceedings may facilitate and lead to more nuanced cost decisions without burdening the final stages of the proceedings with extensive legal argumentation.
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Albert, Jean-Christophe. "Les coûts de justice incombant au justiciable : des facteurs dissuasifs aux mécanismes favorables à ester en justice." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100141.

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La présente étude a pour objectif de démontrer que les incitations créées par la présence ou par le manque de transparence dans les coûts de justice sur la décision d'intenter un procès, sont liées de différentes manières à des degrés de certitude
The present study has for objective to demonstrate that the incentives created by the relative existence of transparency in the costs of justice on the decision to litigate are linked in various ways to degrees of certainty
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Samuelson, Jan. "Den svenska ersättningsmodellen för rättegångskostnader i skattemål i ljuset av rätten till rättvis rättegång." Thesis, Stockholms universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-157185.

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Access to justice and the right to a fair trial are basic human rights explicitly stipulated in the European Convention on Human Rights (ECHR) as well as in the Swedish constitution. The fundamental meaning of these rights is that everyone should have an effective option for bringing their case to a court governed by the rule of law. Counsel fees and other process-costs may constitute a significant barrier to entry for an individual bringing his or her case to the court. Consequently, such cost-related barriers may deprive individuals of their right to a fair trial in practice. This fact is recognised in many legislations through legal aid provisions, reimbursement rules or similar mechanisms with the common purpose of eliminating, or at least lowering, the cost-barrier in question for the individual. Tax cases are often complex, and the average taxpayer would typically need to obtain legal counsel to vindicate his or her rights in a dispute with the tax authority. The taxpayer’s costs for such vindication may consequently be high. Swedish legislation stipulates that such costs under certain circumstances can be reimbursed by the state. In practice, however, the taxpayer seldom gets reimbursed for the full cost or even the majority of the cost, regardless of the outcome of the case. Even if the taxpayer wins the court case against the tax authority, it is not unusual that the taxpayer gets no reimbursement at all. This thesis analyses the Swedish reimbursement model for process-costs in tax cases and how it relates to the right to a fair trial. The question is whether the relevant legislation, and/or the courts’ application of it, risks being in breach of the ECHR’s and/or the Swedish constitution’s stipulated right to a fair trial. This thesis argues that it does; not as a result of the legislation itself, but because of the courts’ application of it. The risk of violating the right to a fair trial correlates primarily with two factors. These are what are at stake for the taxpayer (typically the disputed tax amount) and the complexity of the legal issues involved in the case. Trigger points for when the respective factor comes into play from a human rights perspective are analysed and discussed in the thesis. When they do, the absence of real possibilities of reimbursement of process-costs in a given tax case may constitute an unacceptable barrier for the individual to access justice and get a fair trial.
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Books on the topic "Litigation cost"

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Law Reform Commission of Victoria. The cost of litigation. [Melbourne]: The Commission, 1990.

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Pratt, Shannon P., and Roger J. Grabowski, eds. Cost of Capital in Litigation. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2012. http://dx.doi.org/10.1002/9781119200680.

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J, Grabowski Roger, ed. Cost of capital in litigation: Applications and examples. Hoboken, N.J: John Wiley & Sons, 2011.

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Hylton, Keith N. Litigation cost allocation rules and compliance with the negligence standard. Chicago: American Bar Foundation, 1991.

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Taormina, Tom. Foreseeable risk: Minimizing cost and maximizing outcomes in products liability litigation. Tucson, Ariz: Lawyers & Judges Pub. Co., 2011.

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Engineering construction specifications: Theroad to better quality, lower cost, reduced litigation. New York: Van Nostrand Reinhold, 1989.

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Adametz, John J. Liability of design professionals for the preparation of cost estimates. University Park: Pennsylvinia State University, 1997.

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The cost of a reputation: Aldington versus Tolstoy : the causes, course and consequences of the notorious libel case. Edinburgh, United Kingdom: Canongate, 1998.

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Goldbloom, Joseph. Engineering construction specifications: The road to better quality, lower cost, reduced litigation. New York: Van Nostrand Reinhold, 1989.

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Engineering Construction Specifications: The Road to Better Quality, Lower Cost, Reduced Litigation. Boston, MA: Springer US, 1989.

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Book chapters on the topic "Litigation cost"

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Galanti, Joseph J. "Estimating the Cost of Capital." In Litigation Services Handbook, 1–16. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2015. http://dx.doi.org/10.1002/9781119204794.ch9.

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Malinak, R. Jeffrey, and Justin McLean. "Estimating the Cost of Capital." In Litigation Services Handbook, 1–25. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2017. http://dx.doi.org/10.1002/9781119363194.ch10.

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Macey-Dare, Rupert. "Litigation Cost Strategies from Economics." In Legal Strategies, 117–81. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-02135-0_7.

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Maher, Michael W., M. Laurentius Marais, William E. Wecker, and Roman L. Weil. "Statistical Estimation of Incremental Cost from Accounting Data." In Litigation Services Handbook, 1–25. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2015. http://dx.doi.org/10.1002/9781119204794.ch7.

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Marais, M. Laurentius, William E. Wecker, and Roman L. Weil. "Statistical Estimation of Incremental Cost from Accounting Data." In Litigation Services Handbook, 1–26. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2017. http://dx.doi.org/10.1002/9781119363194.ch8.

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Pump, Bernard. "Cost of Capital in Bankruptcy." In Cost of Capital in Litigation, 141–60. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2015. http://dx.doi.org/10.1002/9781119200680.ch8.

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Hoemke, Carl R. E. "Cost of Capital in Ad Valorem Taxation." In Cost of Capital in Litigation, 203–32. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2015. http://dx.doi.org/10.1002/9781119200680.ch11.

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Finder, Alan E., and Paul T. Hunt. "Cost of Capital in Regulated Industries." In Cost of Capital in Litigation, 233–63. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2015. http://dx.doi.org/10.1002/9781119200680.ch12.

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Evans, Terry, Myron Marcinkowski, and Roger Grabowski. "Cost of Capital Considerations in Corporate Restructuring and Other Federal Tax Matters." In Cost of Capital in Litigation, 79–100. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2015. http://dx.doi.org/10.1002/9781119200680.ch5.

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Lloyd, Robert M. "Cost of Capital Included in Damage Calculations." In Cost of Capital in Litigation, 101–19. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2015. http://dx.doi.org/10.1002/9781119200680.ch6.

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Conference papers on the topic "Litigation cost"

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Liu, Qi, Han Wu, Yuyang Ye, Hongke Zhao, Chuanren Liu, and Dongfang Du. "Patent Litigation Prediction: A Convolutional Tensor Factorization Approach." In Twenty-Seventh International Joint Conference on Artificial Intelligence {IJCAI-18}. California: International Joint Conferences on Artificial Intelligence Organization, 2018. http://dx.doi.org/10.24963/ijcai.2018/701.

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Patent litigation is an expensive legal process faced by many companies. To reduce the cost of patent litigation, one effective approach is proactive management based on predictive analysis. However, automatic prediction of patent litigation is still an open problem due to the complexity of lawsuits. In this paper, we propose a data-driven framework, Convolutional Tensor Factorization (CTF), to identify the patents that may cause litigations between two companies. Specifically, CTF is a hybrid modeling approach, where the content features from the patents are represented by the Network embedding-combined Convolutional Neural Network (NCNN) and the lawsuit records of companies are summarized in a tensor, respectively. Then, CTF integrates NCNN and tensor factorization to systematically exploit both content information and collaborative information from large amount of data. Finally, the risky patents will be returned by a learning to rank strategy. Extensive experimental results on real-world data demonstrate the effectiveness of our framework.
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Ernayani, Dr Rihfenti, and Intan Oviantari. "Effect of Litigation, Taxes and Political Cost, and Debt Covenant of Accounting Conservatism." In Annual International Conference on Accounting and Finance. Global Science & Technology Forum (GSTF), 2015. http://dx.doi.org/10.5176/2251-1997_af15.49.

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Yu, Li-sheng, and Yan-yan Wang. "The impact of increased litigation cost on audit pricing premiums and auditors’ client portfolios." In 2008 International Conference on Management Science and Engineering (ICMSE). IEEE, 2008. http://dx.doi.org/10.1109/icmse.2008.4669143.

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Schubert, R. W., and P. E. Fiorelli. "Liquidated Damages: An Approach to Addressing Performance Breaches in Contracts." In ASME 1993 International Gas Turbine and Aeroengine Congress and Exposition. American Society of Mechanical Engineers, 1993. http://dx.doi.org/10.1115/93-gt-395.

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This paper will define and explain liquidated damages, a contractually correct method of assuring enforceability and damage recovery in the event of a contract breach. This paper will further point out that failure to use liquidated damage clauses could result in litigation — with litigation’s attendant costs, delays, and sometimes unexpected results.
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Worster, Shawn, and Andrew Brydges. "Making Lemonade From Lemons: Lessons Learned in Reducing the Economic and Environmental Impact and Negotiating the Post-2005 Service Agreements on Behalf of the 23 NESWC Communities." In 12th Annual North American Waste-to-Energy Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/nawtec12-2209.

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The twenty-three communities that comprise the North East Solid Waste Committee have labored under what may well be the worst municipal solid waste service agreement in the country. In FY 2004, the disposal fee is $140 per ton. Over the past eighteen years, the communities have paid more for disposal, as much as two to three times what the neighboring communities have paid. The NESWC Board of Directors has, over the course of the past ten years, implemented a multifaceted program to reduce the environmental and economic burden associated with managing the municipal solid wastes generated in the 23 member communities. The program has included a series of innovative approaches to obtaining negotiating leverage and support from diverse stakeholders to reduce the cost and implementing innovative programs to help reduce the amount and toxicity of waste requiring disposal. What makes this particularly significant is that it was done on a regional basis, involved interaction with a broad, diverse group of stakeholders at the local, state and federal level and required the use of a wide array of change inducing tools, including arbitration and litigation, to achieve the results. Most recently, the communities and the vendor, Wheelabrator North Andover, completed negotiations regarding service post termination of the existing Service Agreement in September, 2005. This paper updates key lessons learned over the past decade.
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6

Nordlund, Mats. "Towards a Theory Based Approach to Product Safety." In ASME 2015 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2015. http://dx.doi.org/10.1115/imece2015-51732.

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Accidents in industry, medical clinics, and transportation lead to loss of lives and property. The costs for such accidents are very high to society, industry and individuals. Recent examples of high profile accidents include the Fukushima disaster and several aircraft accidents. Accidents in hospitals cost as much as $29 Billion per year (WHO estimate) in additional hospitalization, disability, lost income, medical expenses and litigation. Looking at different industries, safety levels are very different. For example, there is a one in a million chance of getting harmed while in an aircraft. In comparison, there is a one in 300 chance of a patient being harmed during health care. Current best practices to increase product safety uses methods which were developed during the period between World War II and 1970. They are essentially based on heuristics around designing and operating systems that were a lot less integrated and complex than current systems, and contained a lot more human participation in the system. A few science-based approaches have began to emerge in recent years. This paper presents the hypothesis that in addition to the benefits proven in traditional design practice, the design axioms can form a scientific basis for an effective method to analyze designs from a product safety perspective. The main cause of the 2005 Buncefield overfill accident in the UK is analyzed using an axiomatic approach to safety. Using the rigor of axiomatic design, it is possible to identify the shortcomings in the design that caused the accident. The same approach is then applied to an alternative solution. The result of this analysis is that the new design should be much more reliable than the previous. In the conclusion, it is shown that it is possible to develop a science base for product safety based on Axiomatic Design. It is shown that such a science based approach enables design practitioners to approach unfamiliar safety related situations in a systematic way to identify risks and propose alternative designs with a lower risk level.
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Morkūnaitė, Žydrūnė, and Valentinas Podvezko. "Criteria Evaluation for Contractor Selection in Cultural Heritage Projects Using Multiple Criteria Approach." In Sustainable Decisions in Built Environment. VGTU Technika, 2019. http://dx.doi.org/10.3846/colloquium.2019.001.

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The low bid is the most common applicable method in the contractor selection process, considering by only one dominant criterion. However, the lowest price criterion not allows selecting qualified, responsible, sophisticated, and knowledgeable contractor for cultural heritage projects. Moreover, the improper contractor selection may induce claims, litigation, and poor quality work, increased costs for project performance or management. Selection of appropriate contractor is very important for the success and excellent accomplishment of cultural heritage projects. This study presents criteria evaluation for contractor selection in cultural heritage projects. This paper provides reviews of contractor selection and proposed criteria evaluation, and determines the criteria of culture heritage contractor selection. This study applies the multiple criteria approach: AHP, PROMETHEE and EDAS approaches.
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8

Vaughan, Neil, Venketesh N. Dubey, Michael Y. K. Wee, and Richard Isaacs. "Body Shape and Size Modelling Using Regression Analysis and Neural Network Prediction." In ASME 2014 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/detc2014-35707.

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The aim of this research is to build a patient-specific virtual body shape model for patients of various Body Mass Index (BMI) and body shape. This will enable simulated epidural procedure on patients of various body characteristics, to increase trainee skill, reduce injuries and litigation costs. Regression analysis (RA) and artificial neural networks (ANN) were implemented to accurately calculate body shape in a data-driven approach. Epidural simulator software was developed containing a screen to enter patient characteristics. When the patient BMI is adjusted, the modelled body shape and tissue layer thickness updates allowing patient specific simulation. The model uses anthropometric measurements as input: body mass, height, age, gender and body shape. The developed model enables a virtual representation of any actual patient to be built based on their measured parameters for epidural rehearsal prior to in-vivo procedure.
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Khadilkar, Anil V., Claude Laviano, Parris Ward, Michelle Hoffman, and Bruce N. Shyer. "Dynamic Response of Vehicles and Occupants During Full-Scale Sideswipe Crash Tests." In ASME 1998 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 1998. http://dx.doi.org/10.1115/imece1998-0070.

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Abstract Many vehicle crashes involve sideswipes. In 1994, NHTSA’s data collected from FARS and GES files showed that sideswipes accounted for 4.6 percent of the total number of motor vehicle accidents. Sideswipe crashes occur at both freeway/highway speeds and at city street speeds and are characterized by one vehicle effectively running along the side of another vehicle. Typically, sideswipes result in vehicle damage with limited penetration; however, the length of damage along the side of the vehicle can be extensive and can result in high damage repair costs. Limited technical literature is available regarding sideswipe crashes, specifically that involving the use of instrumented volunteer occupants. This paper presents details and the results from a sideswipe test conducted by the authors in December, 1997. The test was conducted to recreate an actual sideswipe vehicle crash that was a part of a litigation case the authors were involved in.
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10

Taylor, Ellen, and Sue Hignett. "Patient Safety, Human Factors & Ergonomics, and Design: The Environment as a Larger-Scale Strategy to Reduce Falls." In Applied Human Factors and Ergonomics Conference. AHFE International, 2021. http://dx.doi.org/10.54941/ahfe100535.

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Falls are a key consideration for patient safety and play a prominent role under US legislation for affordable care. The built environment can either enhance safe practices and policy or act as an impediment for safe patient care. Falls are associated increased length of stay in hospitals and higher healthcare costs due to additional care, discharges to institutional care and litigation claims. With an increased focus on reimbursement related to patient safety as part of healthcare reform in the USA, organizations are becoming more aware of their own shortcomings and grappling with solutions to improve performance – typically people and processes. Yet the influence of the built environment, the space in which care is provided, can act as a barrier or enhancement to achieving the desired results – physically, cognitively, and organizationally. This paper presents the results from a mixed methods literature review on healthcare facility environmental design and falls. It is part of on-going research for the development of a Safety Risk Assessment (SRA) tool to promote discussion for proactive decision-making during the design of healthcare facility projects.
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Reports on the topic "Litigation cost"

1

Polinsky, A. Mitchell, and Daniel Rubinfeld. A Note on Optimal Public Enforcement with Settlements and Litigation Costs. Cambridge, MA: National Bureau of Economic Research, December 1986. http://dx.doi.org/10.3386/w2114.

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2

Cutler, David, and Lawrence Summers. The Costs of Conflict Resolution and Financial Distress: Evidence from the Texaco-Pennzoil Litigation. Cambridge, MA: National Bureau of Economic Research, October 1987. http://dx.doi.org/10.3386/w2418.

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3

Ayala, David, Ashley Graves, Colton Lauer, Henrik Strand, Chad Taylor, Kyle Weldon, and Ryan Wood. Flooding Events Post Hurricane Harvey: Potential Liability for Dam and Reservoir Operators and Recommendations Moving Forward. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, September 2018. http://dx.doi.org/10.37419/eenrs.floodingpostharvey.

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When Hurricane Harvey hit the Texas coast as a category 4 hurricane on August 25, 2017, it resulted in $125 billion in damage, rivaling only Hurricane Katrina in the amount of damage caused. It also resulted in the deaths of 88 people and destroyed or damaged 135,000 homes. Much of that devastation was the result of flooding. The storm dumped over 27 trillion gallons of rain over Texas in a matter of days. Some parts of Houston received over 50 inches of rainfall. The potential liability that dam and reservoir operators may face for decisions they make during storm and flooding events has now become a major concern for Texas citizens and its elected officials. Law suits have now been instituted against the federal government for its operation of two flood control reservoirs, as well as against the San Jacinto River Authority for its operation of a water supply reservoir. Moreover, the issues and concerns have been placed on the agenda of a number of committees preparing for the 2019 Texas legislative session. This report reviews current dam and reservoir operations in Texas and examines the potential liability that such operators may face for actions and decisions taken in response to storm and flooding events. In Section III, the report reviews dam gate operations and differentiates between water supply reservoirs and flood control reservoirs. It also considers pre-release options and explains why such actions are disfavored and not recommended. In Section IV, the report evaluates liabilities and defenses applicable to dam and reservoir operators. It explains how governmental immunity can limit the exposure of state and federally-run facilities to claims seeking monetary damages. It also discusses how such entities could be subject to claims of inverse condemnation, which generally are not subject to governmental immunity, under Texas law as well as under the Fifth Amendment to the U.S. Constitution. In addition, the Section discusses negligence and nuisance claims and concludes that plaintiffs asserting either or both of these claims will have difficulty presenting successful arguments for flooding-related damage and harm against operators who act reasonably in the face of storm-related precipitation. Finally, Section V offers recommendations that dam and reservoir operators might pursue in order to engage and educate the public and thereby reduce the potential for disputes and litigation. Specifically, the report highlights the need for expanded community outreach efforts to engage with municipalities, private land owners, and the business community in flood-prone neighborhoods both below and above a dam. It also recommends implementation of proactive flood notification procedures as a way of reaching and alerting as many people as possible of potential and imminent flooding events. Finally, the report proposes implementation of a dispute prevention and minimization mechanism and offers recommendations for the design and execution of such a program.
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