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High court won't hear Nevada patient dumping case
Law Center |
2015/07/01 14:08
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The Supreme Court won't hear an appeal from Nevada over a lawsuit that claims the state wrongfully bused indigent psychiatric patients to San Francisco without paying the costs of their medical care.
The justices on Tuesday let stand a lower court decision that said California state courts have authority to hear the case challenging Nevada's discharge policies.
San Francisco is seeking $500,000 in reimbursement costs for treating 29 patients who were given vouchers for one-way bus tickets to California. It also wants an order barring Nevada from sending over any more patients.
A California Superior Court judge ruled that Nevada could be sued in California because it knew San Francisco would have to spend money on the patients.
Nevada claims the lawsuit interferes with its sovereign powers.
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Court allows hotly disputed discount contact lens price law
Law Center |
2015/06/13 17:33
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A federal appeals court ruling has cleared the way for discount contact lens retailers to drop prices while a legal battle is waged between the state of Utah and manufacturers who want to impose minimum prices on their products.
The decision handed down from the 10th Circuit Court of Appeals in Denver on Friday comes after three of the nation's largest contact lens manufacturers sued to halt a hotly contested law.
Supporters, including Utah-based discount seller 1-800 Contacts, say the newly enacted legislation bans price fixing for contact lenses. But opponents, including Alcon Laboratories, Johnson & Johnson and Bausch & Lomb, say it's a brazen overreach that allows discount sellers to violate interstate commerce regulations and skirt industry price standards.
Utah's attorney general has said the companies are wrongly driving up prices, and the law is a legitimate antitrust measure designed to enhance competition and help customers. Attorney General Sean Reyes' office didn't have a comment on the decision Friday.
The ruling allows the law to go into effect while a legal battle over the measure works its way through the courts. The appeals court did agree to fast-track the case and new briefs are due in the case later this month.
Donna Lorenson, a spokeswoman for Alcon, says the company is "extremely disappointed" and maintains the law violates interstate commerce rules.
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US Supreme Court takes case, but plaintiff missing
Law Center |
2014/12/31 10:02
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When the U.S. Supreme Court agreed to take Bobby Chen's case involving a run-down Baltimore row house razed by the city, it looked past the fact he was too poor to pay the court's filing fee and had no attorney. But now Chen can't be found, something unheard of at the nation's highest court.
The Supreme Court agrees to take less than 1 percent of the roughly 10,000 petitions it receives every year, but it was even rarer for the court to take a case like Chen's. On average, the court takes just 10 petitions a year like his, in which the party making the request is too poor to pay the court's $300 filing fee.
But since the court agreed to take Chen's case in November, he hasn't surfaced. Dec. 22 was Chen's deadline to mail his main legal brief in the case. The court hadn't heard from him as of Tuesday, said Supreme Court spokeswoman Kathy Arberg.
The court's Clerk's Office, which corresponds with parties who have a case before the court, has tried to reach Chen by letter and email. But it's not clear he got the messages, Arberg said. And he didn't list a phone number when he asked the court to take his case. The Associated Press also tried to reach Chen by email, but the message bounced back as undeliverable. Efforts to find a telephone number were also unsuccessful. |
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Former Assistant Wayne County Prosecutor
Law Center |
2014/10/27 14:56
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No matter the situation, an attorney from the Plymouth Canton Law Office of Rita O. White is available to assist. For everything from questions only a lawyer could answer, to a specific legal issue you may have, we are here to lend a helping hand.
You can expect convenient office hours, along with knowledgeable lawyers and reasonable attorney fees from us. Legal problems can loom large and become stressful, so our Plymouth Canton lawyers give all our clients the personal attention and caring respect they deserve.
Your legal situation may be negatively impacted if you try to deal with it on your own. Instead of risking the outcome, why not call our committed attorneys for guidance? When you need it most, contact us at the Law Office of Rita O. White today to learn more and set up an appointment.
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Supreme Court takes up case of fired air marshal
Law Center |
2014/05/20 11:33
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The Supreme Court agreed Monday to consider the case of a federal air marshal who was fired after leaking information to the press about aviation security plans.
The justices will hear an appeal from the Obama administration, which claims Robert MacLean is not entitled to whistleblower protection for disclosing that the Transportation Security Administration planned to save money by cutting back on overnight trips for undercover air marshals.
MacLean was fired in 2006, three years after he told a reporter the cuts were being made despite a briefing days earlier about an imminent terrorist threat focusing on long-distance flights. MacLean said he leaked the information after his boss ignored his safety concerns.
When news of the planned became public, congressional leaders expressed their concerns and the Department of Homeland Security acknowledged that the plan was a mistake. No flight assignments requiring overnight hotel stays were canceled.
The U.S. Court of Appeals for the Federal Circuit ruled last year that MacLean should be allowed to present a defense under federal whistleblower laws. But the government argues that the law does not protect employees who reveal "sensitive" security information.
MacLean asserts that no law specifically prohibited him from revealing the information because it wasn't considered sensitive when it was shared with him. The agency's decision to curb the overnight trips was sent as a text to MacLean's cellphone without using more secure methods. He says the law protects government employees who report violations of the law or specific danger to public safety. |
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Inmate pleads guilty in prison guard's stabbing
Law Center |
2014/03/14 14:15
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An inmate has pleaded guilty to murder in the stabbing death of a guard at a federal prison in Central California.
The U.S Attorney's Office says 48-year-old James Ninete Leon Guerrero, of Guam, entered the plea on Tuesday.
Prosecutors say Guerrero held Officer Jose Rivera down at the U.S. Penitentiary in Atwater in 2008 as another inmate, Jose Cabrera Sablan, stabbed him more than 20 times with an eight-inch shank. The 22-year-old Rivera - a U.S. Navy veteran - was doing a daily headcount when he was attacked.
Guerrero was serving a life prison sentence at the time in connection with an armed bank robbery. Prosecutors say under a plea agreement, he will receive another life term. Sablan is scheduled to go on trial in April. |
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