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Trump, GOP states ask appeals court to kill ‘Obamacare’
Headline News | 2019/05/06 00:26
Taking a harder line on health care, the Trump administration joined a coalition of Republican-led states Wednesday in asking a federal appeals court to entirely overturn former President Barack Obama’s signature health care law — a decision that could leave millions uninsured.

Congress rendered the Affordable Care Act completely unconstitutional in 2017 by eliminating an unpopular tax penalty for not having insurance, the administration and GOP states told the court.

The “Obamacare” opponents hope to persuade the 5th U.S. Circuit Court of Appeals in New Orleans to uphold U.S. District Court Judge Reed O’Connor’s ruling late last year striking down the law.

If the ruling is allowed to stand, more than 20 million Americans would be at risk of losing their health insurance, re-igniting a winning political issue for Democrats heading into the 2020 elections. President Donald Trump, who never produced a health insurance plan to replace “Obamacare,” is now promising one after the elections.

The Trump administration acknowledged it had changed positions in the case. Early on, the administration argued that only certain key parts of the ACA, such as protections for people with pre-existing medical conditions, should be invalidated. But it said other important provisions such as Medicaid expansion, subsidies for premiums and health insurance markets could continue to stand.

Wednesday, the administration said it had reconsidered in light of O’Connor’s ruling. “The remaining provisions of the ACA should not be allowed to remain in effect — again, even if the government might support some individual positions as a policy matter,” the administration wrote in its court filing.

The Justice Department’s legal brief also seemed to be trying to carve out some exceptions. For example, the administration said the ACA’s anti-fraud provisions should remain in effect.


Arizona court says Costco can be sued over ED drug disclosure
Court Center | 2019/05/03 00:25
The Arizona Court of Appeals has ruled that the Costco warehouse store chain can be sued for privacy violations by a Phoenix-area man because a pharmacist joked with his ex-wife about an erectile dysfunction prescription he had never picked up.

The ruling issued Tuesday revived the lawsuit the man filed after the pharmacist told his ex-wife about the prescription when she went to pick up another prescription with his approval. The man had called Costco twice to cancel the prescription before his ex-wife went to the north Phoenix store in early 2016, but the pharmacist did not do so, according to the ruling.

Attorney Joshua Carden filed the lawsuit for the man alleging a variety of violations, but it was dismissed by a trial-court judge. The Court of Appeals revived sections alleging negligence under federal health care privacy law commonly called HIPAA. The ruling potentially allows him to seek punitive damages.

The ruling is the first to say that negligence claims under HIPAA can be brought in Arizona courts, Carden said.

“If there is a big deal in the case it’s that the court went ahead and said yes to negligence claims based on HIPAA violations,” Carden said. “That’s not ever been announced in Arizona before.”

The federal health privacy law doesn’t allow individuals to sue for violations in federal court, he said, and state courts haven’t always been clear about that right.


EPA reaffirms glyphosate safe for users as court cases grow
Legal News | 2019/05/01 22:37
The Environmental Protection Agency reaffirmed Tuesday that a popular weed killer is safe for people, as legal claims mount from Americans who blame the herbicide for their cancer.

The EPA’s draft conclusion Tuesday came in a periodic review of glyphosate, the active ingredient in Roundup. The agency found that it posed “no risks of concern” for people exposed to it by any means — on farms, in yards and along roadsides, or as residue left on food crops.

The EPA’s draft findings reaffirmed that glyphosate “is not likely to be carcinogenic to humans.”

Two recent U.S. court verdicts have awarded multimillion-dollar claims to men who blame glyphosate for their lymphoma. Bayer, which acquired Roundup-maker Monsanto last year, advised investors in mid-April that it faced U.S. lawsuits from 13,400 people over alleged exposure to the weed killer.

Bayer spokesmen did not immediately respond Tuesday to an email seeking comment.

Nathan Donley, a scientist at the Center for Biological Diversity environmental group, said the agency is relying on industry-backed studies and ignoring research that points to higher risks of cancer.

In 2015, the International Agency for Research on Cancer, part of the World Health Organization, classified glyphosate as ”probably carcinogenic to humans.” The agency said it relied on “limited” evidence of cancer in people and “sufficient” evidence of cancer in study animals.

The EPA draft review says the agency found potential risk to mammals and birds that feed on leaves treated with glyphosate, and risk to plants. The agency is proposing adding restrictions to cut down on unintended drift of the weed killer, including not authorizing spraying it by air when winds are above 15 mph.


Roggensack Re-Elected as Wisconsin Supreme Court Chief
Court Center | 2019/04/30 22:38
Wisconsin Supreme Court Chief Justice Patience Roggensack has been re-elected to a third, two-year term leading the court.

The court announced her re-election by fellow justices Tuesday. The result was public, but the vote was done in secret and the breakdown was not announced.

Roggensack replaced Justice Shirley Abrahamson as chief justice in 2015 after voters approved a constitutional amendment giving justices the power to elect the chief justice. Prior to that it had automatically gone to the longest-serving member, who is Abrahamson.

Roggensack is one of the four majority conservative justices. Abrahamson is one of three minority liberal members.

Roggensack says in a statement that she is honored to continue serving as chief justice. She has been on the Supreme Court since 2003.

The chief justice also serves as the administrative head of Wisconsin's judicial system.


Wisconsin court says gun site not liable in spa shooting
Legal Interview | 2019/04/27 05:40
The state Supreme Court dismissed a lawsuit Tuesday alleging a firearms website that enabled a man to illegally purchase the pistol he used in a mass shooting at a suburban Milwaukee spa six years ago is liable in the killings, ruling that federal law grants the site operators immunity.

The court ruled 5-1 that the federal Communications Decency Act protects Armslist LLC, a firearms classifieds website. The act absolves website operators of any liability resulting from posting third-party content.

Radcliffe Haughton’s wife, Zina Daniel Haughton, had taken out a restraining order against him that prohibited him from possessing a firearm. But he bought a semi-automatic pistol and ammunition in October 2012 from a person he met through Armslist.com, according to court documents.

The next day he opened fire at Azana Salon & Spa in Brookfield, where his wife worked. He killed her, two of her co-workers and wounded four others before he took his own life.

According to court documents, Haughton used an Armslist.com function that allowed him to bypass ads from licensed dealers, enabling him to avoid a background check.

The lawsuit filed in 2015 alleged Armslist’s operators should have known that the design of the site enabled illegal gun purchases. But Chief Justice Pat Roggensack, writing for the majority, said Tuesday that if a website’s features can be used lawfully the act immunizes the operators from liability when third parties use the sites unlawfully. Therefore all that’s left is to consider the site a publisher, triggering immunity under the act, she said.



Ohio top court to hear arguments in TV news defamation case
Headline News | 2019/04/23 16:31
Ohio's Supreme Court will hear arguments Wednesday in an appeal involving a defamation lawsuit that alleged a television station falsely labeled three siblings as "robbers."

A Columbus family sued WBNS-TV in 2016 after the station reported on a hover board robbery at Fort Rapids Indoor Waterpark in Columbus and included a surveillance photo showing the faces of three unnamed individuals. Police had released the photo, asking for the public's help in identifying the three individuals they said may have been involved.

The television's website story was headlined, "Robbers Put Gun to Child's Head and Steal Hoverboard," and underneath was the photo of the three individuals.

Nanita Williams saw the broadcast story and realized it was her three children in the photo, the family's lawsuit said. She took them to a Columbus police station where they told investigators they had gone to the park that day to deliver Thanksgiving dinner to someone who worked there.

Columbus police then issued a second news release saying the three individuals in the surveillance photo weren't the robbery suspects and asked news outlets to stop using the photo. WBNS stopped broadcasting stories about the robbery and removed the photo from its website, but kept the story about the incident online.


Arkansas faces new court fight over sedative for executions
Headline News | 2019/04/22 23:27
A federal lawsuit filed by death row inmates has renewed a court fight over whether the sedative Arkansas uses for lethal injections causes torturous executions, two years after the state raced to put eight convicted killers to death in 11 days before a previous batch of the drug expired.

Arkansas recently expanded the secrecy surrounding its lethal injection drug sources, and the case heading to trial Tuesday could impact its efforts to restart executions that have been on hold due to a lack of the drugs. It’ll also be the latest in a series of legal battles over midazolam, a sedative that other states have moved away from using amid claims it doesn’t render inmates fully unconscious during lethal injections.

States that want to avoid unnecessarily inhumane executions will be watching closely, said Robert Dunham, executive director of the Death Penalty Information Center, which has criticized the way states carry out the death penalty.

But, Dunham added, “states that are watching because they want to figure out how to just execute people will be looking to see what Arkansas is able to get away with.”

Only four of the eight executions scheduled in Arkansas over 11 days in 2017 actually happened, with courts halting the others. The state currently doesn’t have any executions scheduled, and Arkansas’ supply of the three drugs used in its lethal injection process has expired. Another round of multiple executions is unlikely if Arkansas finds more drugs, since only one death row inmate has exhausted all his appeals.

This time, Arkansas isn’t racing against the clock to execute inmates before a drug expires. The state currently doesn’t have any execution drugs available, but officials believe they’ll be able to get more once the secrecy law takes effect this summer.

State Attorney General Leslie Rutledge says the inmates in the case have a very high burden to meet and cites a U.S. Supreme Court ruling last month against a Missouri death row inmate. Justice Neil Gorsuch, writing for the majority in that case, wrote that the U.S. Constitution “does not guarantee a prisoner a painless death.” Rutledge called the federal case in Arkansas the latest attempt by death row inmates to delay their sentences from being carried out.


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