A Legal Study on Claims for Loss Compensation under Act on Prevention and Management of Infectious Diseases - about Supreme Court 2020. 5. 14. 2020Du34049 -

2020 ◽  
Vol 24 ◽  
pp. 115-141
Author(s):  
Kyoung-Hee Baek ◽  
Ja-Young Kim
Keyword(s):  
Infectious Diseases ◽  
Supreme Court ◽  
Legal Study ◽  
Loss Compensation

scholarly journals Mediation in the Religious Courts of Indonesia

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Karmawan Karmawan
Keyword(s):  
Supreme Court ◽  
Civil Law ◽  
Legal Culture ◽  
Legal Study ◽  
Religious Courts ◽  
Legal Consequences

This study discusses mediation in civil law cases in the Indonesian Religious Courts as a mean to solve the court congestion problem. This is a normative legal study and aims at analyzing the implementation of Supreme Court Regulation No. 1 of 2016 in the Religious Courts. In practice, agreements resulted from mediation will be ratified by a mediator and have similar legal consequences as judges’ decisions. This, in turn, helps the court reducing the number of cases brought before the court. This study argues that the success of mediation relies on mediators’ professionalism and legal culture in society. The success is also shown by the number of agreements issued as the result of mediation. AbstrakKajian ini membahas efektifitas mediasi dalam kasus perdata di Pengadilan Agama di Indonesia. Dengan menggunakan pendekatan studi hukum normatif, artikel ini bertujuan untuk menganalisis implementasi PERMA No. 1/ 2006 tentang Mediasi di Pengadilan Agama. Mediasi diyakini dapat menjadi solusi untuk mengurangi jumlah kasus yang dibawa ke pengadilan, karena dengan mediasi berbagai sengketa hukum dapat diselesaikan tanpa litigasi. Kesepakatan yang dihasilkan dalam proses mediasi akan dicatat oleh mediator dan memiliki konsekuensi hukum yang sama dengan putusan hakim. Kajian ini menyimpulkan bahwa lembaga peradilan di Indonesia perlu berupaya secara serius untuk mengoptimalkan mediasi dan memberikan keadilan melalui mediasi.

Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties

1999 ◽  
Vol 27 (2) ◽  
pp. 204-205
Author(s):  
Megan Cleary
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Supreme Court ◽  
New Hampshire ◽  
Third Parties ◽  
State Supreme Courts ◽  
Recovered Memories ◽  
Supreme Courts ◽  
Repressed Memory ◽  
University Of Colorado

In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

Malpractice & Negligence: Cal. Supreme Court Clarifies Negligence Provisions under State’s Elder Abuse Act

1999 ◽  
Vol 27 (2) ◽  
pp. 203-203
Author(s):  
Kendra Carlson
Keyword(s):  
Health Care ◽  
Supreme Court ◽  
Health Care Providers ◽  
Elder Abuse ◽  
Skilled Nursing Facility ◽  
Pressure Sores ◽  
Care Providers ◽  
Nursing Facility ◽  
Skilled Nursing ◽  
The Supreme Court

The Supreme Court of California held, in Delaney v. Baker, 82 Cal. Rptr. 2d 610 (1999), that the heightened remedies available under the Elder Abuse Act (Act), Cal. Welf. & Inst. Code, §§ 15657,15657.2 (West 1998), apply to health care providers who engage in reckless neglect of an elder adult. The court interpreted two sections of the Act: (1) section 15657, which provides for enhanced remedies for reckless neglect; and (2) section 15657.2, which limits recovery for actions based on “professional negligence.” The court held that reckless neglect is distinct from professional negligence and therefore the restrictions on remedies against health care providers for professional negligence are inapplicable.Kay Delaney sued Meadowood, a skilled nursing facility (SNF), after a resident, her mother, died. Evidence at trial indicated that Rose Wallien, the decedent, was left lying in her own urine and feces for extended periods of time and had stage I11 and IV pressure sores on her ankles, feet, and buttocks at the time of her death.

Antitrust: U.S. Supreme Court Affirms FTC Jurisdiction but Vacates Scope of Analysis on CDA Policy

1999 ◽  
Vol 27 (2) ◽  
pp. 197-198
Author(s):  
Joseph R. Zakhary
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Federal Trade Commission ◽  
Ninth Circuit ◽  
Court Of Appeals ◽  
For Profit ◽  
Rule Of Reason ◽  
Antitrust Analysis ◽  
Business Financing ◽  
The U.S

In California Dental Association v. FTC, 119 S. Ct. 1604 (1999), the U.S. Supreme Court reviewed a decision by the U.S. Court of Appeals for the Ninth Circuit that a nonprofit affiliation of dentists violated section 5 of the Federal Trade Commission Act (FTCA), 15 U.S.C.A. § 45 (1998), which prohibits unfair competition. The Court examined two issues: (1) the Federal Trade Commission's (FTC) jurisdiction over the California Dental Association (CDA); and (2) the proper scope of antitrust analysis. The Court unanimously held that CDA was subject to FTC's jurisdiction, but split 5-4 in its finding that the district court's use of abbreviated rule-of-reason analysis was inappropriate.CDA is a voluntary, nonprofit association of local dental societies. It boasts approximately 19,000 members, who constitute roughly threequarters of the dentists practicing in California. Although a nonprofit, CDA includes for-profit subsidiaries that financially benefit CDA members. CDA gives its members access to insurance and business financing, and lobbies and litigates on their behalf. Members also benefit from CDA marketing and public relations campaigns.

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