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with strong incentives to limit costs and deny care due to legal rules that shield them from virtually all liability for …, vicarious liability, most courts have inappropriately exercised jurisdiction over these cases. Importantly, this includes the … Appeals decision on this matter valid?a decision which held that ERISA preempts vicarious liability claims against MCOs. It …
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"Economic models of contract typically assume that courts enforce obligations on the basis of verifiable events. As a matter of law, this is not the case. This leaves open the question of optimal contract design given the available remedies that are enforced by a court of law. This paper shows...
Persistent link: https://www.econbiz.de/10003715165
Research consistently finds more workplace injuries occur on Mondays than on other weekdays. One hypothesis is that workers fraudulently claim that off-the-job weekend sprains and strains occurred at work on the Monday in order to receive workers' compensation. We test this using data from New...
Persistent link: https://www.econbiz.de/10012149017
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In the economic analysis of liability law, information about accident risk and how it can be influenced by precautions … strict liability and negligence, showing that liability law may not induce efficient incentives. … is commonly taken for granted. However, a profound understanding of the relationship between care and accident risk often …
Persistent link: https://www.econbiz.de/10011325781
millions. Where liability is contested, significant litigation costs also arise, but even where liability is admitted, the …
Persistent link: https://www.econbiz.de/10009728951
In a world with risk-neutral agents, liability rules will only induce efficient behaviour if these rules impose the … are not related to the occurrence of an accident. Such a mechanism requires individuals to violate the standard of care in …
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