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Louisiana to get $12M in Health Net case
Court Feed News |
2011/04/06 16:06
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The Louisiana Supreme Court has ordered Health Net Inc., a major health maintenance organization, to cover more than $180 million in claims by consumers, health care providers and creditors in Louisiana, Oklahoma and Texas. Louisiana Insurance Commissioner Jim Donelon told The Advocate that Louisiana will get the smallest portion of the payout. "We have about $12 million coming to us to policyholders, providers and general creditors, meaning companies who sold them supplies or that rented them space," Donelon said. Donelon said the unanimous ruling, issued Friday, will reimburse all of AmCare Louisiana HMO's members, providers, and creditors for any losses caused by Health Net's conduct. Health Net sold health plans in the three states to AmCareco Inc. in 1999. In 2002, the troubled health plans were placed under state supervision. Each of the state's insurance departments sued AmCareco and Health Net, alleging fraud, negligence, conspiracy and breach of fiduciary duty. In 2005, a state district court jury awarded the Texas plaintiffs around $100 million in damages. In 2005, a state judge in Baton Rouge issued similar verdicts against Health Net and awarded $30 million to the Louisiana and Oklahoma plaintiffs.
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Texas death row inmate gets reprieve
Criminal Law Updates |
2011/04/06 12:04
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The U.S. Supreme Court blocked the first scheduled execution of a Texas death row inmate using a new drug cocktail on Tuesday, although the proposed lethal mix was not mentioned in the court's decision to reconsider the merits of the condemned man's appeal. Cleve Foster was to have been executed hours later for the 2002 slaying of a Sudanese woman in Fort Worth — the first Texas execution since the state switched to pentobarbital in its three-drug mixture. The sedative has already been used for executions in Oklahoma and Ohio. On Tuesday morning, the high court agreed to reconsider its January order denying Foster's appeal that raised claims of innocence and poor legal help during his trial and early stages of his appeals. Foster's lawyers also have argued that Texas prison officials violated administrative procedures last month when they announced the switch to pentobarbital from sodium thiopental, which is in short supply nationwide. Foster's lawyers contend that the rules change in Texas required more time for public comment and review. Lower courts have rejected their appeals and attorneys had planned to take their case to the Texas Supreme Court. |
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2 companies fined for violation of Mississippi no-call law
Headline News |
2011/04/06 09:08
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Another crackdown Tuesday on violators of Mississippi's No Call Law. State regulators say they've fined Full Speed Funding, LLC of Phoenix and Gateway Destinations Incorporated of Pompano Beach, Florida $15,000 each. Public Service Commission member Brandon Presley says Full Speed Funding LLC of Phoenix and Gateway Destinations Inc. of Pompano Beach, Fla., failed to register and purchase the state's "No-Call" list and contacted consumers who had registered on the "No-Call" list.
Presley says company representatives failed to respond to the PSC complaint. |
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Appeals court in NYC reinstates wiretaps lawsuit
Court Feed News |
2011/04/05 16:19
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A lawsuit challenging a law that lets the United States eavesdrop on overseas communications more widely and with less judicial oversight than in the past was reinstated Monday by a federal appeals court that said new rules regarding surveillance had put lawyers, journalists and human rights groups in a "lose-lose situation." The 2nd U.S. Circuit Court of Appeals said it took no position on the merits of the lawsuit brought by those in jobs that require them to speak with people overseas, saying only that the plaintiffs had legal standing to bring it against the latest version of the Foreign Intelligence Surveillance Act. U.S. District Judge John G. Koeltl in Manhattan had sided with the government in a 2009 ruling, saying the plaintiffs lacked standing to sue since none of them could show they were subject to the surveillance. He said Americans' fears that their conversations would be monitored and their rights violated were "purely subjective." Attorneys, journalists and human rights groups whose work might require speaking to possible surveillance targets had brought the lawsuit on constitutional grounds, saying new government procedures for eavesdropping on international communications forced them to take costly and burdensome steps to protect the confidentiality of their overseas communications. In a lengthy written ruling, the 2nd Circuit said the plaintiffs had standing to sue in part because they had established that they had a reasonable fear of injury from the surveillance and had incurred costs to avoid it. |
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Court upholds $311K award against debt collector
Lawyer Blog News |
2011/04/05 16:14
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A North Dakota law firm accused of trying to collect a $3,800 debt after the statute of limitations expired is now the one that owes a lot of money. An appellate court has upheld a $311,000 jury award to a Montana man who sued the firm in 2007 over a violation of the federal Fair Debt Collection Practices Act. Johnson, Rodenburg & Lauinger appealed the April 2009 summary judgment and damages awarded to Timothy McCollough of Laurel. The case was heard in July by a special panel of the 9th U.S. Circuit Court of Appeals in Billings, including retired Supreme Court Justice Sandra Day O'Connor. The panel issued a decision Friday upholding the damages. They include $1,000 statutory maximum for violating the debt collection law, $60,000 in punitive damages and $250,000 for emotional distress. "I'm just so giddy it's all over. We're finally able to take a deep breath," McCullough told The Billings Gazette on Friday. "We knew we had a good case, but it just went on forever." McCullough said he hoped the case showed debt collectors that "people are going to know they don't have to take the garbage. They can fight back." A call from The Associated Press seeking comment from Johnson, Rodenburg & Lauinger on Tuesday was not immediately returned. |
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Former justice Streit joins Des Moines law firm
Headline News |
2011/04/05 13:12
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Former Iowa Supreme Court Justice Michael Streit has joined a Des Moines law firm. Ahlers & Cooney, P.C., announced Monday that Streit will join the firm's litigation, dispute resolution and investigations practice area. Streit was one of three Iowa Supreme Court justices ousted last fall over the court's 2009 decision legalizing same sex marriage in Iowa. He was appointed to the Iowa Court of Appeals in 1996 and to the Iowa Supreme Court in 2001. A Sheldon native, Streit received his bachelor's degree from the University of Iowa in 1972. He graduated from the University of San Diego School of Law in 1975. He worked in private practice in Chariton and served as an assistant Lucas County attorney and county attorney until he was appointed district court judge in 1983. |
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Recent Lawyer News Updates |
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