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U.S. judge OKs prison healthcare lawsuit
Law Center |
2007/03/17 08:58
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A lawsuit alleging female inmates in Wisconsin receive deficient medical care took another step forward Thursday. In a class action lawsuit brought by the American Civil Liberties Union, female prisoners at the Taycheedah Correctional Institution argued their rights were violated by severe lapses in medical treatment including inadequate access to doctors and life-threatening gaps in prescription drug treatment.
Prison officials argued they were not aware of such healthcare conditions at the prison and asked Judge Rudolph Randa of the U. S. District Court, Eastern District of Wisconsin, to dismiss the suit.
Randa instead ruled the case should proceed.
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Lawsuit targets Life Care Centers
Breaking Legal News |
2007/03/17 05:01
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A national chain of nursing homes with three care centers in Orange County is being accused of systematically neglecting its patients. A lawsuit filed this week in Orange County Superior Court claims the 13 Southern California nursing homes owned by Life Care Centers of Americafailed to hire enough doctors, nurses and others to adequately care for its acutely ill patients. The suit, which lists the family of a Lake Forest woman, Consuelo Deburger, as its client, is seeking class action status. Calls to Life Care's headquarters in Cleveland, Tenn., and to the hospitals listed as its Orange County operations, were not returned. The company's attorney was not listed on the complaint. The suit claims the company owns Orangegrove Rehabilitation Hospital in Garden Grove, La Habra Convalescent Hospital in La Habra and Lake Forest Nursing Center in Lake Forest. Though it's unclear how many patients are in each center, the chain typically runs facilities that serve between 85 and 120 acutely ill patients. "This is a case where they draw in the sickest of the sick and then fail to take care of them," said Stephen Garcia, a Long Beach attorney who filed the lawsuit. Garcia – who said he has filed "about ten" other cases against Life Care Centers over the years – said in a press release that privately held Life Care owns more than 260 hospitals nationally and generated sales of nearly $1 billion in 2006. A 2006 report on Medicare cases filed by the U.S. Attorney's office in Atlanta said Life Care Center paid $2.5 million to settle a similar case in Atlanta. That payout was described as the largest settlement ever in a "quality-of-care-based false claims" case.
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CBS shoots the NCAA to YouTube
Venture Business News |
2007/03/17 01:05
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Though CBS already has an official channel on YouTube, today it unveiled a new channel, under the username "cbsncaatourney". Game clips and highlights will be uploaded "in near real time" according to a press release. "This year, CBS Sports and YouTube will expand on the success of March Madness on Demand reaching sports fans everywhere, on all levels across all media, making the fan the real winner as we enter this Tournament," said CBS News and Sports president Sean McManus.
To monetize the move, CBS has struck a specific advertising deal with Pontiac. Video ads from the car maker will appear in the YouTube clips and in addition, Pontiac's name will appear in connection with the channel's features.
Clips will include press conferences, game highlights, and original programming from CBS Sports. Additionally, CBS will use the channel to add more interaction with viewers, by letting them vote on their favorite "game changing performances". CBS uploaded 36 videos to coincide with the launch of the new YouTube channel, including this perfect three-pointer from Davidson guard Stephen Curry. |
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Court rules against dying woman in marijuana case
Law Center |
2007/03/16 17:36
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| Dying mother Angel Raich, 41, has lost her appeal in federal court Wednesday to use marijuana for medical purposes. Her doctor claims marijuana is the only medicine that will keep Raich alive. The mother of two, from Oakland, CA, has scoliosis, chronic nausea and an inoperable brain tumor, among other ailments. Raich pre-emptively sued the government in an effort to avoid arrest for using marijuana. Raich uses marijuana every few hours, on her doctor's advice. The 1970 Controlled Substances Act criminalizes heroin, LSD, marijuana and other drugs. In her appeal, Raich was asking for enforcement of this law to be blocked. A legal conflict exists between federal law, which states marijuana is illegal and has no medical value, and 11 states that allow marijuana use for medical purposes with a doctor's recommendation. Two years ago, the Supreme Court ruled against Raich, stating that even individuals living in one of the 11 states allowing medical marijuana can be prosecuted under federal laws. Due to the Supreme Court ruling, the 9th Circuit Court of Appeals narrowed the issue down to the right to life theory. The three appeals judges stated that the U.S. is not to the point where "the right to use medical marijuana is 'fundamental.'" The court did admit, however, that if Raich is later arrested and prosecuted, she may be able to use a "medical necessity defense." Judge C. Arlen Beam stated in a partial dissent that since Raich has not been arrested, she has no legal standing to bring a case. Raich told press that "I have to get myself busted in order to try to save my life." Frank Lucido, one of Raich's physicians, said last year that she would "probably be dead without marijuana." New Mexico may become the 12th state to allow marijuana use for medical purposes. Governor Bill Richardson is expected to sign the bill that lawmakers approved Wednesday. Several California cities have de-prioritized marijuana offenses, including San Francisco, Santa Cruz, Santa Monica, Oakland, Santa Barbara and West Hollywood. San Francisco joined the growing number of California cities putting marijuana offenses low on the priority list in December. Marijuana has been used to treat a variety of illnesses and symptoms, including cancer, glaucoma, hepatitis C, Crohn's disease, HIV or AIDS and multiple sclerosis. It has also been used to treat migraines, seizure disorders, severe or chronic pain or nausea, anorexia, wasting syndrome and agitation of Alzheimer's disease. |
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US attorney firings weighed in 2005
Legal Business |
2007/03/16 15:20
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| In early 2005 the Justice Department advocated the removal of up to 20 percent of the nation's US attorneys whom it considered to be "underperforming" but retaining prosecutors who were "loyal Bushies," according to e-mails released by Justice late yesterday. The three e-mails also show that presidential adviser Karl Rove asked the White House counsel's office in January 2005 whether it planned to proceed with a proposal to fire all 93 federal prosecutors. Officials said yesterday that Rove was opposed to that idea but wanted to know whether the Justice Department planned to carry it out. The e-mails provide new details about the early decision-making that led to the firings of eight US attorneys last year, indicating that Justice Department officials endorsed a larger number of firings than has been disclosed and that Rove expressed an early interest in the debate. The messages also show that an internal administration push to remove a large number of federal prosecutors was well underway even as Alberto R. Gonzales, then the White House counsel, was preparing for Senate hearings on his nomination to be attorney general. Gonzales talked "briefly" in December 2004, the messages show, with D. Kyle Sampson, who would become his chief of staff at the Justice Department, about the plan to remove US attorneys. Justice spokeswoman Tasia Scolinos said Gonzales has "no recollection" of discussing the prosecutors' firings at the time, when he was preparing for his January 2005 confirmation hearings. The dismissals, and the Bush administration's shifting explanations for them, led a growing number of lawmakers to demand Gonzales's resignation this week. Justice Department documents released Tuesday contradicted the contention that the White House was not closely involved. A second Republican, Senator Gordon Smith, Republican of Oregon, called for Gonzales's ouster yesterday. Senator John E. Sununu, Republican of New Hampshire, said Wednesday that Gonzales should resign. "The senator believes, as a matter of credibility, it would be most helpful to have an attorney general we can have full confidence in," said Smith's spokeswoman. Senator Mark Pryor of Arkansas, one of six Democrats to support Gonzales's confirmation, also demanded his resignation after learning of e-mails that showed Justice Department officials planning to circumvent Pryor on the replacement for a fired Little Rock US attorney in 2006. Pryor said Gonzales had told him there was no attempt to avoid his input. None of the three new e-mails is from Rove himself. They are part of a string of e-mail correspondence among other officials.
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Three of five officers reportedly indicted
Breaking Legal News |
2007/03/16 15:19
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Attorneys say a grand jury has indicted three of the five New York City police officers involved in the 50-shot barrage that killed an unarmed man on his wedding day.
A source tells The Associated Press the other two officers weren't charged.
The decision follows three days of grand jury deliberations that had the city on edge as New Yorkers anxiously awaited word on the fate of the officers. Extra police officers were put on standby and the mayor met with black leaders in the Queens neighborhood where shooting occurred.
The decision comes nearly four months after 23-year-old Sean Bell was shot and killed and two of his friends were wounded in a shooting that led to angry protests and accusations of racism against the N-Y-P-D.
The Reverend Al Sharpton says the charges mark an important first step in the fight for justice in the case. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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