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Fla. appeals court lifts temporary ban on auto law
Top Legal News |
2013/10/25 22:47
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A Florida appeals court on Wednesday cleared the way for the enforcement of a controversial auto insurance law that backers say was designed to curb fraudulent claims.
The 1st District Court of Appeal ruled that Tallahassee Circuit Judge Terry Lewis was wrong when he sided with physical therapists and other health care providers challenging the 2012 law.
In March, Lewis ruled that modifications to some of the key provisions of Florida's no-fault auto insurance law were possibly unconstitutional, and he ordered a temporary ban on those provisions.
Lewis suspended the part of the law that requires a finding of emergency medical condition and prohibits payments to acupuncturists, massage therapists and chiropractors. He said the law violates the right of access to the courts found in the Florida Constitution.
But the appeals court contended that those seeking to block enforcement of the law had not shown they were actually being harmed by it.
"Without showing of an actual denial of access to courts ... the provider plaintiffs lack standing to assert this claim," states the unsigned opinion.
The ruling, however, does not end the ongoing lawsuit challenging the new law.
Florida legislators passed the state's no-fault insurance law — also known as Personal Injury Protection — in the early 1970s to ensure that anyone hurt in an automobile wreck could obtain medical treatment without delay, while waiting for a case to be resolved. |
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Employee Retirement Income Security Act (ERISA) Attorneys
Attorneys News |
2013/10/25 22:47
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Los Angeles Employee Retirement Income Security Act (ERISA) Claims Attorneys
Newport Beach Disability insurance, life insurance, annuity, health insurance attorneys can help you resolve your claims and disputes involving the Employee Retirement Income Security Act f 1974, also commonly known as ERISA. McKennon Law Group's main attorney Robert J. McKennon as recognized and awarded the "2013 Top Rated Lawyer in Labor & Employment” by American Lawyer Media and Martindale Hubbell, leading providers of news and rating information to the legal industry.
ERISA is a very complex area of the law and it is important you have an attorney who understands it. ERISA claims are the most common cases litigated in Federal Court, a court in which most lawyers are uncomfortable. ERISA involves mandatory administrative appeals and strict deadlines and it is crucial that you know your rights and that you hire an attorney early in the process after your claim has been denied and before your appeal is administered. Our experience in litigating ERISA cases are the top in the nation and in the Orange County regio. We will be the aggressive advocate for your case to obtain maximum success involving all manners of insurance disputes.
We have over 25 years of experience litigating ERISA cases involving life, health, disability and pension claims. Call or email us to schedule a free consultation. |
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Josef Cowan | Civil Litigation Construction Law Firm Los Angeles
Legal Interview |
2013/10/25 22:46
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Josef Cowan founded our firm over 20 years ago. The following are some questions and answers that discuss his unique qualities and why so many individuals and businesses trust our firm with their legal and business needs.
Q. Why did you become a lawyer?A. I’m the youngest of 6 kids raised by a single mother. We didn’t have much money, so I started working in the construction industry at a very young age. In fact, I started a construction business when I was 17 years old, and that company is still in existence and has over 400 employees. The construction industry involves a huge number of legal issues in a wide variety of different areas. I always found the legal issues fascinating and believed that a solid understanding of the law and ability to resolve complex issues is a huge advantage in business.
Q. What inspired you to found the Cowan Law Group?A. When I originally went to law school, I intended to use my legal training to help me with the construction business I started. However, I found I have a real passion for helping individuals and small to medium-sized companies resolve their legal and business problems in ways that make good business sense.
Q. How is the Cowan Law group different from other law firms?A. There are far too many firms that provide little to no value to their clients, and many that create more problems than they resolve. In many instances, the attorneys are good, smart people, but they don’t have the background or business savvy necessary to provide truly strategic, cost-effective legal solutions to their clients. This is a real problem because a good attorney who understands not just the legal issues, but also his client’s business challenges and objectives, is a tremendous resource and strategic advantage. With that in mind, I created the Cowan Law Group, whose main mission is to provide legal services that are smart, creative, and practical.
Q. So what makes you a good lawyer and advisor?A. I have benefitted greatly from a first class college and legal education. What I believe is even more important, however, is my life experience. Starting at a very young age, I have had to overcome many challenges both personally and in business. As a lawyer and advisor, these experiences have been invaluable because, through them, I have developed an ability to look at problems and challenges and know how to navigate through them in ways that are smart and effective.
But what is most telling is what my clients say. Over the course of my legal career, I have successfully resolved over $700 million of legal disputes in many different areas, including general business, real estate, construction, employment, and trade secret litigation, and I have handled a large number of business transactions. My clients often tell me that I provide counseling that is practical and mindful of business priorities, and that I handle it all well.
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High court to look at death row inmate with low IQ
Top Legal News |
2013/10/23 18:52
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The Supreme Court will take up a Florida case over how judges should determine if a death row inmate is mentally disabled, and thus ineligible for execution.
The justices said Monday they will review a Florida Supreme Court ruling that upheld the death sentence for a man who scored just above the state's cutoff for mental disability as measured by IQ tests.
Freddie Lee Hall was sentenced to death for killing Karol Hurst, a 21-year-old, pregnant woman who was abducted leaving a grocery store in 1978.
Florida law prohibits anyone with an IQ of 70 or higher from being classified as mentally disabled, regardless of other evidence to the contrary. Hall's scores on three IQ tests ranged from 71 to 80.
In 2002, the Supreme Court banned the execution of mentally disabled inmates. But the 6-3 decision in Atkins v. Virginia essentially left it to the states to determine how to measure mental disability.
Florida is one of nine death penalty states with a strict IQ limit, said Florida Supreme Court Justice Barbara Pariente. The others are: Arkansas, Delaware, Idaho, Kentucky, North Carolina, Tennessee, Virginia and Washington.
Pariente voted with the majority to uphold Hall's sentence, but noted there is no national consensus on how to determine mental disability.
Hall's case is legally complicated. In 1989, the Florida Supreme Court threw out Hall's original death penalty and ordered a new sentencing hearing. A judge then resentenced Hall to death, but declared he was mentally disabled. That took place before the 2002 U.S. Supreme Court ruling and before Florida passed a law setting the IQ limit. |
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Justice's wheels slowed as shutdown hits courts
Headline News |
2013/10/14 20:50
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The government shutdown is slowing the wheels of justice in federal courts by delaying civil cases, forcing prosecutors to operate with skeleton staffs and raising uncertainty about the system's immediate future if the stalemate continues past Thursday.
That's when federal courts officials expect the reserve funds they have been using since the Oct. 1 start of the shutdown will run out.
Criminal cases, which are required by law to go to a speedy trial, are still moving ahead, as are most bankruptcy cases and appeals. Civil cases and those in immigration court, however, are feeling the greatest impact from the shutdown.
"The Constitution tells us what we have to do and we can't control our workload. It walks in the door, whether we're funded or not funded," said U.S. District Court Chief Judge Loretta Preska in New York, who has put all civil cases except those already in trial on hold at the request of the U.S. Attorney there.
She said the nearly 450 district court employees that serve the New York metro area will report to work to keep criminal cases on track even if funds run out. Officials at courts based in San Francisco, Philadelphia and St. Louis, Mo., also say their employees will work. |
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Supreme Court term begins amid government shutdown
Politics & Law |
2013/10/11 17:53
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The Supreme Court began its new term Monday by turning away hundreds of appeals, including Virginia's bid to revive its anti-sodomy law.
The justices took the bench just past 10 o'clock on the first Monday in October, even as much of the rest of the government was coping with a partial shutdown.
Chief Justice John Roberts formally opened the new term without any reference to the partisan impasse over the budget and the new health care law that his vote helped uphold in 2012.
The court has announced it will operate normally at least through the end of this week. The justices are hearing six arguments, including a challenge to limits on campaign contributions.
Among the appeals denied Monday was Virginia Attorney General Ken Cuccinelli's request to review a federal appeals court ruling that threw out the state's ban on oral and anal sex. Ten years ago, the Supreme Court struck down the Texas anti-sodomy law in a case involving two adults. Virginia argued that the Texas ruling did not apply to sex acts between adults and minors.
The justices did not comment in rejecting that argument Monday.
The court also declined to hear, at least for now, Argentina's appeal of a ruling that orders it to pay hedge funds that bought up some of the country's unpaid debt from its default in 2001. The country is continuing to pursue its case in federal court in New York and could file another appeal with the Supreme Court.
The new term may be short on the sort of high-profile battles over health care and gay marriage that marked the past two years, but the court already has agreed to hear important cases about campaign contributions, housing discrimination, government-sanctioned prayer and the president's recess appointments. Abortion, contraceptive coverage under the new health care law and cellphone privacy also may find their way onto the court's calendar.
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PG&E starts pipeline shutdown under court order
Press Releases |
2013/10/07 17:37
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Pacific Gas & Electric Co. says it will comply with a judge's order and shut down a natural gas pipeline after safety issues were raised.
The utility said Sunday it believes the pipeline is safe despite an engineer's email questioning the safety of the 83-year-old line's welds. PG&E said it could take until Tuesday to safely shut down the line and seamlessly switch its customers to another line.
A judge ordered the line shut down after San Carlos city officials discovered the email and declared a "state of emergency."
The email said PG&E's records incorrectly show the line containing a newer, more reliable weld than it actually has.
PG&E said state-of-the-art tests show the line is safe and that it was shutting the line only because of the court order. |
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