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FEMA told to resume Katrina housing payments
Law Center |
2006/11/30 12:35
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US District Judge Richard J. Leon ruled in Washington, DC, Wednesday that the Federal Emergency Management Agency (FEMA) must reinstate certain housing payments for victims of Hurricane Katrina. Leon granted the plaintiff's motion for a preliminary injunction against the payments stoppage, maintaining that FEMA had failed to provide evacuees with adequate explanations for their denials of housing assistance and their means of appeal under the Stafford Disaster Relief and Emergency Assistance Act. The Association of Community Organizations for Reform Now (ACORN) filed the lawsuit on behalf of displaced hurricane evacuees alleging violations of their due process rights. FEMA responded Wednesday by defending its policies and saying it will consult with the US Department of Homeland Security and US Department of Justice to determine a formal response to the district court's ruling. FEMA still faces several other suits relating to its termination or withdrawal or housing benefits to Katrina victims. |
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Insurance may cover Katrina damage
Law Center |
2006/11/29 16:46
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Flood damage caused by Hurricane Katrina may be covered under those insurance policies that do not specifically exclude from coverage damage caused by negligence, according to a federal court opinion handed down Monday. Judge Stanwood R. Duval Jr. of the US Eastern District of New Orleans rejected a bid by insurers to dismiss plantiffs' actions in a set of consolidated cases.
Applying the Louisiana Civil Code, Duval ruled that insurance policies should be strictly construed against insurers after finding that much of the flood damage resulting from the hurricane was caused by levee failures. He concluded that the term policy "flood" refers only to naturally-caused flooding unless the policy specifically defines the term to cover flooding caused by man as well. He nonetheless noted that certain policies, including those written by State Farm and Hartford Insurance Company, categorically excluded all coverage for flood damage and should not be construed to cover any flood damage. The cases against the insurers will now go forward pending review of Duval's ruling by the US Fifth Circuit Court of Appeals. In the first Katrina-related insurance lawsuit to go to trial, a federal judge in Mississippi ruled in August that Nationwide Insurance was not obligated to cover a policyholder's claims for water damage caused by the hurricane. |
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DOJ watchdog opens domestic surveillance probe
Law Center |
2006/11/27 19:11
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US Justice Department Inspector General Glenn Fine has launched an internal investigation into the DOJ's use of intelligence gathered under the NSA's domestic surveillance program, according to a letter from Fine to Congressional leaders obtained by AP Monday. Fine has notified leaders of the House and Senate judiciary, intelligence and appropriations committees that his office is investigating the Justice Department's "controls and use of information related to the program" as well as its "compliance with legal requirements governing the program."
Under the NSA Terrorist Surveillance Program, warrantless wiretaps are used to intercept telephone calls and e-mails of conversations of individuals suspected of being involved with the al Qaeda terrorist network if one of person is located outside the US.After the program was first disclosed last year, inspectors general from both the DOJ and the Defense Department refused requests to investigate the program, with Fine citing a lack of jurisdiction. The DOJ request was referred to the department's Office of Professional Responsibility, but the internal probe into the role DOJ lawyers played in designing the program was dropped after the NSA denied investigators clearance to review all relevant documents. Attorney General Alberto Gonzales later said that President Bush personally put an end to the internal OPR investigation.
Jeff Castaldo
Staff Reporter |
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PA.- Justice Dept. Resolves Discrimination Lawsuit
Law Center |
2006/11/15 11:17
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WASHINGTON – (USDOJ) The Justice Department today announced the filing of a settlement order to resolve a lawsuit filed against the city of Philadelphia under the Americans with Disabilities Act (ADA). In September 2004, the Justice Department intervened in a lawsuit filed by John Gill Smith, which alleged that paramedics employed by the city refused to provide him with appropriate medical care upon learning of his HIV status.
Under the terms of today’s agreement, which still must be approved by a federal court, Philadelphia will provide paramedics employed by the city with ongoing training on appropriate and nondiscriminatory treatment of patients with infectious diseases, specifically HIV/AIDS. The city will also pay Mr. Smith $50,000 in damages. “Vital emergency medical services must be provided in a non-discriminatory manner to all persons who need them,†said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to ensuring that cities carry out this important function responsibly and in accordance with federal law.†“This agreement protects both the patient and, by requiring proper training, the emergency responders,†said Pat Meehan, U.S. Attorney for the Eastern District of Pennsylvania. “Emergency response is a key link in the continuum of care and this agreement ensures the highest quality of care to those in great need.†Title II of the ADA prohibits public entities, such as the city of Philadelphia, from discriminating against any individual on the basis of disability with respect to the services, programs or activities of the public entity. Section 504 of the Rehabilitation Act includes a parallel prohibition covering programs or activities which receive federal financial assistance. Additional information about the Civil Rights Division of the Justice Department is available at http://www.usdoj.gov/crt/. Those interested in finding out more about federal disability rights statutes can call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD) or access the ADA Web site at http://www.ada.gov. |
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Catholic Church Reaches Out to Gay Parishioners
Law Center |
2006/11/14 11:58
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Roman Catholic bishops approved new guidelines in an effort to reach out to the gay Catholic Community by overwhelmingly approving a new document entitled "Ministry to Persons with a Homosexual Inclination." Gay Catholic activists immediately judged the document a failure that will push gay and lesbians away from the church. The statement, represents the church's stance as trying to support gay parishioners while strictly affirming the church stance that same-sex relationships are "disordered." The document says it's not a sin to be attracted to someone of the same gender - only to act on those feelings. The bishops also state that children of gay Catholics can undergo baptism and receive other sacraments in most cases if they are being raised in the faith. Sam Sinnett, president of DignityUSA, an advocacy group for gay Catholics, said the new guidelines reflect the bishops' ignorance about sexuality. He said the document would alienate gays. "This document recommends the most unhealthy thing to do which is to stay emotionally and spiritually in the closet," Said Bishop Kevin Boland of Savannah, Ga, "For the person with the inclination, they find that very very difficult to accept, personally. They feel that the church is saying to them that as a person they are disordered. I recognize that it is crucially important to say this, but to apply it pastorally it can be difficult." Several bishops said Monday that Catholics who persist in ignoring church teaching, including gays who are sexually active, should not take the sacrament. The 194-37 vote, with one abstention, came at a meeting of the U.S. Conference of Catholic Bishops. On another matter Tuesday, bishops overwhelmingly adopted a statement encouraging Catholics to obey the church's ban on artificial contraception. Breaking Legal News.com
Robin Sheen
Staff Writer |
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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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