| The Medical Care Recovery Act |
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| The federal government operates one of the largest health care systems in the world when it provides medical treatment and benefits to its members of the armed forces. For this reason, the Medical Care Recovery Act (MCRA) was enacted in order to allow the government to recover its expenses from a third party when the third party is responsible for injuries that have been sustained by an active duty service member, a retired service member, or a dependent of an active duty or a retired service member. More... |
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| Tort Action for Sale of Habit-Forming Drug to a Spouse |
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| Most states have enacted statutes that prohibit the sale of intoxicating liquors to a person who is intoxicated or who is known to be addicted to alcohol. These statutes may also extend to the sale of a habit-forming drug to a person who is known to be addicted to drugs. More... |
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| Federal Tort Claims Act -- Notice of Claim |
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| Under the Federal Tort Claims Act (FTCA), a person who plans to file a personal injury action against the federal government must present a written "notice of claim," or "administrative claim," to the government agency that is allegedly responsible for the injury. A notice of claim is a prerequisite to a personal injury action against the federal government. If no notice of claim has been given, a court will dismiss the action. More... |
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| Liability of a Cruise Ship for Emotional Distress Claims |
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| Under the Coast Guard Authorization Act of 1996, cruise ships may use ticket contracts to disclaim liability for emotional distress, mental suffering, and psychological injury claims by passengers. More... |
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| Tax Consequences of a Settlement in a Tort Action |
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| When a plaintiff and a defendant enter into a settlement of the plaintiff's tort action, the tax consequences of the settlement will depend upon whether the damages are allocated in the settlement agreement. More... |
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