The Case of State Liability

The Case of State Liability PDF

Author: Michael Haba

Publisher: Springer

Published: 2014-11-19

Total Pages: 154

ISBN-13: 3658080809

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In light of the 20th anniversary of the ruling in Francovich, Michael Haba analyzes the principle of Member State Liability, which provides a right to damages whenever EU law is breached by Member States. His research ascertains that the doctrine evolved through three stages before becoming the unified approach that it is today. The author emphasizes that the principle’s base lay at the outset of the EEC, when the ECJ sought means to foster the enforcement of EC law. He shows that although State Liability was introduced in Francovich, there was not enough guidance on its application. He highlights that these matters were resolved in Brasserie/Factortame III, which refined the assessment of culpability, but was inconsistent and had to be further clarified in case law. He illustrates that the doctrine was expanded to breaches of EC law by last instance courts in Köbler. Finally, the author examines if breaches of European competition rules could lead to a right to damages under the principle, but concludes that no fourth stage of State Liability can be established.

State Liability

State Liability PDF

Author: Giuseppe Dari-Mattiacci

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

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Should states be liable towards individuals for failure to provide justice, good roads or timely administrative decisions? In this paper, we show that state liability can serve three different purposes, none of which implies that the state should be liable in tort, unless other specific conditions are met. One purpose is to provide incentives for state agencies and private individuals to act efficiently. Here, the effectiveness of liability depends on the channeling of incentives down the chain of command to the acting state employee. The second purpose of state liability is to remove incentives for private parties, when these incentives are distorted, as when compensating for wrongful conviction. The third aim of state liability is to allow a higher level of the administration to monitor the behavior of a lower level. In this case, the judicial system and private parties are means towards the end of generating information about wrongful behavior by public bodies and agencies. Within this framework, we discuss substantive and procedural aspects of state liability in torts. We provide an economic argument for court specialization in administrative law and explain why the different solutions around the world could be appropriate under local determinants.

In Search of a Theory of State Liability in the European Union

In Search of a Theory of State Liability in the European Union PDF

Author:

Publisher:

Published: 1999

Total Pages:

ISBN-13:

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The aim of this paper is to discover the theoretical underpinnings of the case law of the European Court of Justice on Member State liability and the normative justification for such liability. The author argues that EU Member State liability presents the same formal characteristics as constitutional tort liability, and examines the theories of justice which might underlie a system of constitutional torts with a view to assessing their ability to explain the phenomenon of EU Member State liability. The author concludes that the theories of justice which provide a normatively adequate rationalization of constitutional tort liability are incapable of explaining the liability of Member States for violations of EU law. In the final part of the paper, the author suggests an explanation for the discrepancy and discusses the implications of this finding for further research on the issue of State liability in the European Union.

Holland-Frei Cancer Medicine

Holland-Frei Cancer Medicine PDF

Author: Robert C. Bast, Jr.

Publisher: John Wiley & Sons

Published: 2017-03-10

Total Pages: 2004

ISBN-13: 111900084X

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Holland-Frei Cancer Medicine, Ninth Edition, offers a balanced view of the most current knowledge of cancer science and clinical oncology practice. This all-new edition is the consummate reference source for medical oncologists, radiation oncologists, internists, surgical oncologists, and others who treat cancer patients. A translational perspective throughout, integrating cancer biology with cancer management providing an in depth understanding of the disease An emphasis on multidisciplinary, research-driven patient care to improve outcomes and optimal use of all appropriate therapies Cutting-edge coverage of personalized cancer care, including molecular diagnostics and therapeutics Concise, readable, clinically relevant text with algorithms, guidelines and insight into the use of both conventional and novel drugs Includes free access to the Wiley Digital Edition providing search across the book, the full reference list with web links, illustrations and photographs, and post-publication updates

State Liability for Breaches of European Law

State Liability for Breaches of European Law PDF

Author: Bert Van Roosebeke

Publisher: Deutscher Universitätsverlag

Published: 2007-03-27

Total Pages: 0

ISBN-13: 9783835006539

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Bert Van Roosebeke analyses non-contractual state liability in the European Union. He explains differences in member states’ breaching behaviour and presents the state liability doctrine as developed by the European Court of Justice in a number of cases. He shows that compliance is the true economic aim of state liability legislation and presents a comparative analysis of the effectiveness of both private and public law enforcement mechanisms. He finally formulates improvements to the rules of state liability.

Product Liability Desk Reference

Product Liability Desk Reference PDF

Author: Morton F. Daller

Publisher: Wolters Kluwer Law & Business

Published: 2022-10-07

Total Pages: 1196

ISBN-13: 1543855040

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Product Liability Desk Reference: A Fifty-State Compendium, 2023 Edition, is a comprehensive resource that provides the most recent statutory and case law developments on product liability laws for each of the fifty states and the District of Columbia. Each state summary is practitioner-oriented and written by leading state experts who provide analysis of the statutory and case law developments particular to each jurisdiction. Each chapter includes detailed coverage of a state's standards regarding causes of action, statutes of limitation and repose, strict liability, negligence, breach of warranty, punitive damages, wrongful death, pre- and post-judgment interest, employer immunity from suit, joint and several liability, and statutes relevant to product liability actions. The book is designed to serve as a handy reference for corporate in-house counsel or the litigation management professional who is overseeing product liability cases in more than one state; the attorney handling product liability cases in more than one state; and the in-house professional at the liability, casualty, or property insurance company concerned with claims and litigation management. The 2023 Edition incorporates recent changes in the common law of the various states, including the following: Illinois has passed the Prejudgment Interest Act which now allows prejudgment interest in tort cases. This interest is calculated at the rate of 6% per annum on the amount of the judgment, minus punitive damages, sanctions, statutory attorney's fees, and statutory costs and subject to reduction based on rejected settlement offers. The Arizona Supreme Court ruled that the National Highway Traffic Safety Administration's (NHTSA) refusal to set formal standards for certain driver assist technologies did not preempt Arizona common law tort claims against the manufacturer for not implementing those features into its vehicles. Allowing a case against TikTok sounding in design defect to proceed, the Georgia Supreme Court held that intentional or tortious misuse of a product does not relieve the manufacturer of its design duty to the injured party.

Tort Law Desk Reference: A Fifty-State Compendium, 2022 Edition (IL)

Tort Law Desk Reference: A Fifty-State Compendium, 2022 Edition (IL) PDF

Author: Daller, Daller

Publisher: Wolters Kluwer Law & Business

Published: 2021-11-23

Total Pages: 1426

ISBN-13: 1543837735

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Tort Law Desk Reference Whether you are confronted with multi-state tort litigation, have the opportunity to litigate a tort case in one of several states, or must initiate or defend a case in an unfamiliar jurisdiction, Tort Law Desk Reference quickly gives you the information you need about the tort laws of each state. With succinct summaries of laws and citations to controlling statutes and case law, this indispensable guidebook answers vital questions about each state's tort laws, such as: Is the claim or lawsuit barred in the jurisdiction where it was filed? Does a "no-fault" statute limit the right to recovery? Do joint liability provisions require a minimally liable defendant to pay the entire judgment? If there is no breach of contract or breach of warranty claim, is a fraud and misrepresentation claim viable? Under what circumstances can a trespasser recover against a property owner? And much more You'll be able to quickly determine available causes of action, realistic defenses, and permissible damages...and you'll have at your fingertips current and leading citations necessary for more detailed research of specific issues. No other resource simplifies the process for making critical tort litigation choices like Tort Law Desk Reference. It's the only single volume book that expertly digests the many significant provisions of every state's tort law in a clearly organized and uniform format. State-by-state, you get up-to-date coverage of statutes and case law covering "No-fault" limitations The standard for negligence Causation Res ipsa loquitur and ultra-hazardous activities Negligence per se Indemnity Bar of workers' compensation statute Premises liability Dram shop liability Economic loss Fraud and misrepresentation Wrongful death Attorney's fees State Laws Included: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

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