abstract:In the Roman conflict of laws, an incidental question is a legal issue that arises in connection with the major cause of action in a lawsuit. The forum court will have already decided that it has jurisdiction to hear the case (resolving any issue relating to forum shopping) and will be working through the next two stages of the conflict process, namely: characterisation and choice of law.
Austin Frakt of The Incidental Economist has a series of posts up exploring the cost-shifting question: whether or not the fact that Medicare and Medicaid underpay doctors and hospitals leads providers to overcharge those with private insurance.