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Court: Malpractice law covers doctors' businesses
Court News |
2013/09/06 22:18
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Businesses formed by doctors are covered by a state law that caps the damages that victims of medical malpractice can collect from health care providers, New Mexico's highest court ruled Thursday.
The state Supreme Court said that medical professional corporations and limited liability companies fall under the law's definition of a health care provider under the state's medical malpractice law.
At issue was whether the 1976 law applied only to licensed physicians, hospitals, outpatient clinics and certain others such as chiropractors. A corporation established by a group of doctors for tax or business purposes isn't licensed, however.
The court said that excluding the businesses formed by medical professionals would undermine the purpose of the law, which was to increase the availability of insurance coverage for malpractice claims. The law was enacted after a large private insurer stopped offering malpractice coverage in the state.
The court said that "covering individuals without offering the same benefits to the companies that they form or operate under disturbs the balanced scheme originally set up by the Legislature that was intended to attract enough health care providers to service the needs of patients in New Mexico and, in turn, ensure that the patients were protected when claims for medical malpractice arise."
The court issued the ruling in deciding three separate malpractice lawsuits.
In 2011, Gov. Susana Martinez vetoed a measure passed by the Democratic-controlled Legislature that would have revised the malpractice law to increase its liability caps and make clear that the business organizations of doctors were covered.
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NY man pleads guilty in Paula Deen extortion case
Court News |
2013/08/19 15:43
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A New York man pleaded guilty in federal court Friday to trying to extort $200,000 from Paula Deen by threatening to reveal damaging information about the embattled celebrity cook if she didn't pay him to stay quiet.
"I had, I guess, some bad judgment," 62-year-old Thomas George Paculis told a U.S. District Court judge in Savannah.
"I do take responsibility for what I have done."Paculis, of Newfield, acknowledged sending emails to Deen's attorney offering to trade his silence for cash in June. It came a few days after documents became public that revealed the former Food Network star had said under oath that she used racial slurs in the past.
As Deen's culinary empire began to crumble, Paculis claimed he could reveal things that would bring her "financial hardship and even ruin," according to one email that invited Deen's lawyer to "make me an offer I can't refuse."
Neither Paculis nor federal authorities have revealed what sort of dirt the defendant claimed he could dish up regarding Deen or if he truly had any at all. He owned a restaurant in Savannah in the 1990s, but Deen told the FBI she didn't recognize his name or his face. |
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Maine RR makes 1st court appearance in bankruptcy
Court News |
2013/08/12 15:15
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A railroad company whose runaway oil train killed 47 people in Canada was granted permission Thursday to continue its business operations pending the appointment of a bankruptcy trustee.
Montreal, Maine & Atlantic lawyers made their first appearance in courtrooms in Bangor and in Montreal a day after the company filed for bankruptcy protection, while Maine's transportation commissioner said the state will make sure that the company's rail lines stay open during bankruptcy proceedings.
In Bangor, U.S. Bankruptcy Court Judge Louis Kornreith granted Montreal, Maine & Atlantic Railway Ltd.'s motion to keep operating until a trustee is appointed to oversee the case. The company says it can preserve the value of its assets for an eventual sale if it can maintain its day-to-day operations during bankruptcy.
In Montreal, a Quebec Superior Court judge granted Montreal, Maine & Atlantic Canada Co. creditor protection, a decision expected to increase the value of the company's assets and speed up the payment process.
The railroad has come under particularly harsh criticism in Canada for the way it's handled itself since July 6, when an unattended train carrying crude oil derailed in Lac-Megantic, Quebec, setting off massive explosions that destroyed much of the downtown area and killed the 47 people. Justice Martin Castonguay told a Montreal courtroom on Thursday that the company's actions have been "lamentable."
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The Law Offices of Craig Hubble - Manhattan Beach Employment Lawyer
Court News |
2013/07/26 10:59
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Manhattan Beach Employment Lawyer, Craig Hubble, is the aggressive representation you need and is someone who will devote their time and highest level of service to his clients in business entities including but not limited to commercial and civil litigation matters, employment matters such as wrongful termination, and class actions. We can help you obtain the results and outcome you want to see.
With over decades of experience working in some of the best law firms, our skill level allows us to give the best hands-on service to our clients. Even though we are located in Southern California, Law Offices of Craig Hubble practices in all state and federal trial and appellate courts throughout California. For most cases, we only charge if we get a favorable outcome.
To learn more about how the Law Offices of Craig Hubble can help you, contact us today for a free consultation. In many cases, we can arrange to meet near your home or office for your convenience. |
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Court sides with Yahoo in data collection case
Court News |
2013/07/17 20:26
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Yahoo has won a court fight that could help the public learn more about the government's efforts to obtain data from Internet users.
The U.S. Foreign Intelligence Surveillance Court, which reviews government requests to spy on individuals, ruled Monday that information should be made public about a 2008 case that ordered Yahoo Inc. to turn over customer data.
The order requires the government to review which portions of the opinion, briefs and arguments can be declassified and report back to the court by July 29.
The government sought the information from Yahoo under the National Security Agency's PRISM data-gathering program. Details of the secret program were disclosed by former NSA contractor Edward Snowden, who has fled the U.S.
The program came to light in early June after The Washington Post and Guardian newspapers published documents provided by Snowden. It allows the NSA to reach into the data streams of U.S. companies such as Yahoo, Facebook Inc., Microsoft Corp., Google Inc. and others, and grab emails, video chats, pictures and more. U.S. officials have said the program is narrowly focused on foreign targets, and technology companies say they turn over information only if required by court order.
Yahoo requested in court papers filed June 14 to have the information about the 2008 case unsealed. A Yahoo spokeswoman hailed Monday's decision and said the company believes it will help inform public discussion about the U.S. government's surveillance programs.
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