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W.Va. man beats health insurer in court over $40
Health Care |
2008/11/12 10:21
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| A $40 medical bill might seem small but a West Virginia man says his five-year battle over paying it was a matter of principle. Sam Juniper says his health benefits weren't supposed to change after he retired in 2000 from M&G Polymers. But he received a $40 bill in 2002 after the company's new provider, Aetna Insurance, refused to cover the cost of some blood work. He challenged that in Mason County court in 2003 and won every decision all the way to the 4th U.S. Circuit Court of Appeals in Richmond, Va. The appeals court ruled in his favor on Oct. 10. Lawyer Mark Underwood handled Juniper's case for free and says small bills like this add up over time. Juniper says he is still waiting for his $40 refund check, which he plans to frame and hang on his wall. |
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High court hears dispute over religious monument
Legal Business |
2008/11/12 10:20
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| Supreme Court justices warily confronted a free speech dispute Wednesday over a small religious group's efforts to place a monument in a public park. The justices seemed reluctant to accept the arguments put forth by the religious group known as the Summum that once a government accepts any donations for display in a public park, it must accept them all. "Do we have to put any president who wants to be on Mt. Rushmore?" Chief Justice John Roberts asked. Yet the court also was uncomfortable with the position of Pleasant Grove City, Utah, which rejected the Summum's request to erect a monument similar to a Ten Commandments display that has stood in the city's Pioneer Park since 1971. Justice David Souter wondered how the city could accept the Ten Commandments display and then say, "'We will not on identical terms take the Summum monument because we don't agree with the message.' Why isn't that a First Amendment violation?" The Salt Lake City-based Summum wants to erect its "Seven Aphorisms of Summum" monument in the park. The Summum argued, and a federal appeals court agreed, that Pleasant Grove can't allow some private donations in its public park and reject others. |
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Ex-Wash. priest agrees to pay abuse victims $5M
Breaking Legal News |
2008/11/11 08:58
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| A former priest accused in many of the child sex-abuse claims that bankrupted the eastern Washington Catholic diocese has agreed to pay $5 million to victims, who'll likely never be paid. Even though Patrick O'Donnell doesn't have the money he agreed to pay, a lawyer for some two dozen victims says getting the former priest to own up to his actions will help them put the abuse behind them. "I think we achieved our goal, which was to get a judgment, and hopefully we can deprive him of as many assets as we can," the victims' lawyer, Timothy Kosnoff, said Monday. O'Donnell avoids a civil trial that was scheduled this week. A court hearing to record the settlement is set for Wednesday. O'Donnell's lawyer, John Bergman of Seattle, declined to release details of the settlement, saying documents were still being prepared. "We want to put an end to this case," Bergman said. |
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Circuit City files for bankruptcy protection
Bankruptcy |
2008/11/11 08:57
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| Circuit City Stores Inc., the nation's second-biggest electronics retailer, filed for bankruptcy protection on Monday but plans to stay open for business as the busy holiday season approaches. It said it decided to file for bankruptcy protection because it was facing pressure from vendors who threatened to withhold products during the holiday shopping period. The company also said it cut 700 more jobs at its headquarters, after announcing a week ago that it would close 20 percent of its stores and lay off thousands of workers. Circuit City filed under Chapter 11 of the bankruptcy code, which will allow it to hold off creditors and continue operations while it develops a reorganization plan. Its Canadian operations also filed for similar protection. Doing so "should provide us with the opportunity to strengthen our balance sheet, create a more efficient expense structure and ultimately position the company to compete more effectively," James A. Marcum, vice chairman and acting president and chief executive, said in a statement. |
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Gay arts group sues Milwaukee for discrimination
Court Watch |
2008/11/11 03:58
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| A gay arts group has sued the city of Milwaukee in federal court for violating its free speech rights three years ago when officials shut down a musical revue featuring nudity. The city temporarily shut down performances of "Naked Boys Singing!" in August 2005 while it considered the Milwaukee Gay Arts Center's application for a theater permit. The group later received a permit and reopened the show. Larry Dupuis, legal director for the American Civil Liberties Union of Wisconsin, which is handling the case, said the city's enforcement seemed unusually zealous, even given the musical's content. "I think the title made it kind of controversial," Dupuis said. "But of course, `The Full Monty' has nudity in it, and that doesn't get it threats to shut it down." The lawsuit, filed Monday, says the city ordinance is unconstitutional because it gives officials "unbridled discretion" over when permits must be obtained and how applications will be handled. It also says the law could be used to restrict certain viewpoints. Eileen Force, a spokeswoman for Mayor Tom Barrett, declined to comment on the lawsuit, and a call to the office of City Attorney Grant Langley rang unanswered Monday afternoon. Dupuis said few, if any, other nonprofit theater groups have been required to get permits from the city. |
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Former Taiwanese president led to court in cuffs
International |
2008/11/11 03:56
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| Taiwan television stations have broadcast pictures of former President Chen Shui-bian being led from a prosecutor's office in handcuffs. The stations report that Chen is being taken to Taipei district court, where prosecutors are seeking an arrest order from a judge. There has been no official statement from prosecutors on the case. Chen faced more than five hours of questioning Tuesday in connection with his role in an alleged money laundering scheme. Taiwan media say that prosecutors have recommended the arrest of former President Chen Shui-bian on corruption charges. All of the island's seven cable news stations say the decision came after Chen underwent more than five hours of questioning on his alleged role in a money laundering scheme. |
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Judge approves settlement in InfoGroup lawsuit
Venture Business News |
2008/11/11 01:59
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| A Delaware judge approved Friday a settlement in a shareholder lawsuit brought against database provider InfoGroup Inc. over abusive personal spending by founder Vinod Gupta. The settlement approved by Chancellor William Chandler III calls for Gupta to reimburse $9 million to the company. Gupta also will step down as chief executive officer and receive a $10 million severance package. The settlement includes a host of corporate governance changes, including the resignations of three directors and the establishment of an internal watchdog to prevent further abuses. Gupta remains a 40 percent shareholder in Omaha, Neb.-based InfoGroup, which is the subject of a Securities and Exchange Commission investigation. But the settlement prohibits him from trying to wage a proxy contest before 2010 or trying to undo the corporate reforms being put in place before 2013. A special litigation committee formed in response to the lawsuit confirmed many of the findings by the plaintiffs, who alleged that the company had paid Gupta millions of dollars for personal expenses including jet travel, homes, a yacht, and a collection of luxury automobiles that, as the judge wrote last year, "would leave James Bond green with envy." |
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