To analyze the effect of litigation procedures on long-term outcomes in severe traumatic brain injury.
Prospective observational follow-up of an inception cohort including 504 adults with severe ...traumatic brain injury recruited in 2005-2007 in the Parisian area, France, with initial, one- and four-year outcomes measures.
Four years after the traumatic brain injury, 147 patients, out of 257 who survived the acute phase, were assessed. Among these patients, 53 patients declared being litigants and 78 nonlitigants (litigation status was unknown in 16 cases). Sociodemographic characteristics, type of injury and initial severity did not differ significantly between litigants and nonlitigants, except for Injury Severity Score (worse in litigants) and the proportion of road traffic accidents (higher in litigants). One- and four-year outcomes were significantly worse in litigants for autonomy, participation, psychiatric and cognitive function but not quality of life (measured with the Glasgow Outcome Scale-Extended, the working activity status, the Brain Injury Community Rehabilitation Outcome, the Hospital Anxiety and Depression scale, the Neurobehavioral Rating Scale-revised and the Quality of Life after Brain Injury, respectively). Multivariate analyses highlighted litigation procedure as an independent significant predictor of lower autonomy, participation and psychiatric function and tended to predict lower cognitive function, but not lower quality of life, after adjustment for pretrauma characteristics, Injury Severity Score, road traffic accidents and work-related accident status.
Patients with severe traumatic brain injury have a worse prognosis when involved in a litigation procedure and require special attention in clinical practice. Implications for rehabilitation The influence of litigation procedure on health and social outcomes in severe traumatic brain injury is a major issue that entail numerous levels of complexities. A wide range of interactions and factors related to the prolonged process of litigation against a third party may influence recovery. Results from the PariS-Traumatic Brain Injury study suggest that patients with a severe Traumatic Brain Injury who are involved in a litigation procedure within French jurisdiction compensation scheme have a worse prognosis than patients who do not. Health professionals should be aware of the potential adverse effects of litigation procedures on recovery, and provide appropriate interventions and information to patients and families in such cases.
On 27 October 2016, the Extended Composition of the Appeal Chamber of the GC rendered the judgment in ECB v. Cerafogli. The judgment is particularly important because the GC intervenes again on the ...conditions of admissibility of staff cases. With this judgment, the GC confirmed a new exception to the rule of correspondence between the complaint and the application, holding that this rule must not be applied to a plea of illegality, which may then be raised for the first time before the EU judges. The GC's reasoning is based on the nature of the plea of illegality. The division of jurisdiction between the judges and the administration means that only the judges have the power to come to a finding of illegality of an act and, thus, the rule of correspondence, which is founded on the need to guarantee the aim of the pre-litigation procedure, which is the amicable settlement of disputes, would be worthless.
The Serbian 2011 Civil Procedure Code has widened the scope of small claims litigations substantially. According to the Article 468 all monetary claims not exceeding the amount of 3.000 euros shall ...be treated as small claims. This also applies to the lawsuits where claim is not money but the plaintiff stated that he/she would accept to be paid an amount of money not exceeding the amount of 3.000 euros. Finally, small claims shall also include lawsuits where claim is not money but the value of claim stated by the plaintiff doesn't exceed the amount of 3.000 euros. This means that proceedings started by declaratory or constitutive lawsuits can also be treated as small claims under the Article 468 Civil Procedure Code. In this way the legislator tried to expand the application of small claims provisions to more disputes that would now have to be resolved in summary proceedings. However, the Article 471 of Civil Procedure Code has to be taken into account as well. According to the provision of Article 471 small claims litigations shall be conducted only before lower (basic) courts. This rule would mean that no claim that falls into jurisdiction of higher court can be treated as small claim, regardless of the claim value. The colision between the value criteria and the criteria of subject matter jurisdiction leads to legal uncertainty. The parties to the proceedings have to know in advance whether their claim is going to be adjudicated as small claim or pursuant to the provisions governing regular proceedings. Furthermore, the wrong choice of procedural rules made by the first instance court is still not properly sanctioned by the provisions of Civil Procedure Code.
This paper looks into common European and national rules regulating electronic communication in legal matters. Such form of communication in legal matters expedites the procedure. It is also pointed ...out that electronic communication between the court and the parties to the proceedings, as well as third parties, is conducted through registries, regulated by special regulations, for filing written submissions of the parties and decisions of the court. Legislation regulating electronic communication is intended for litigation in commercial matters. European and national rules do not exclude the possibility of electronic communication in non-commercial litigation provided there is an express consent of the parties to such communication. Although steps towards digitalization have been taken in the Republic of Serbia, legislation regulating electronic service of documents, communication in civil litigation, is still missing. The Civil Procedure Law does not have a separate section regulating the electronic communication in legal matters. However, it cannot be said that the CPC does not set basic principles regulating this form of communication in legal matters.
This article advances a proposal that increases access to justice for valuable lawsuits that are currently discouraged by litigation costs. Our proposal converts claims with negative expected values ...into positive expected value claims by implementing a novel system involving flexible conditional multipliers. Our proposal has two components. First, under the proposed system a plaintiff is allowed to select a damage multiplier that determines the amount of damages the plaintiff receives if the litigation is successful. Second, courts select cases for litigation randomly with a probability inverse to the multiplier selected by the plaintiff.
The Enlarged Board of Appeal (EBA) has clarified the applicable principles relating to the exclusion and objection to members of the Technical Boards of Appeal or the EBA at the European Patent ...Office.
In this design patent infringement case, the Beijing No. 1 Intermediate People's Court ruled against two local companies and awarded a German bus maker approximately RMB 20 million in damages, a ...considerably high amount for a case involving a non-Chinese party in China. In addition to the unusual large damages, the court appointed an automobile expert to sit on the judges' panel despite the usual protocol that panel members be randomly selected from a qualified pool.
The Court of First Instance of the European Communities has held that OHIM's practice of providing reasons in decisions by way of internet links, without also providing hard copies of the web pages, ...is a breach of the duty to give reasons under Article 73 of Council Regulation 40/94.
In a majority decision the Court of Appeal for England and Wales refused to follow Jacob LJ's opinion that a limitation of disclosure on obviousness should normally apply, where there was no attempt ...to rebut a claim of obviousness with evidence of long-felt want or commercial success.
PDF
