A medical doctor entered into a contract with a health plan. The doctor agreed to provide medical care to members of the health plan and the health plan agreed to pay the doctor. The doctor filed a class action in New Jersey alleging the health plan failed to make full and prompt payment to the doctors. […]
“Open Your Mouth So We Can Take A Cheek Swab Of Your DNA” Are Now The First Words After An Arrest When They Used To Be “You Have A Right To Remain Silent.”
Justice Anthony Kennedy, writing for the majority, called taking a cheek swab from arrestees a legitimate police booking procedure. The opinion further states “an individual’s identity is more than just his name or Social Security number, and the government’s interest in identification goes beyond ensuring that the proper name is typed on the indictment.” Justice Antonin […]
U.S. Supreme Court holding on preemption of class action waivers does not apply to representative actions under Private Attorney General Act.
In AT&T Mobility LLC v. Concepcion (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742], the U.S. ff.). In Brown v. Ralphs Grocery Company (Cal. App. Second Dist., Div. 4; July 12, 2011) (As Mod. July 20, 2011) 197 Cal.App.4th 489, [2011 DJDAR 10523], plaintiff sued for alleged violations of the Labor Code, asserting both a class action cause of action […]
Consumer Protection Statutes Not Preempted By Federal Law.
Plaintiff brought an action under New Hampshire’s consumer protection statutes alleging a towing company took his car, failed to notify him of its plan to auction it and sold it at auction, despite plaintiff’s notice he wanted to reclaim it. The New Hampshire court granted summary judgment to the towing company, concluding the action was preempted […]
Freedom Of Information Is For Me, But Not For Thee.
Petitioner, a citizen of Rhode Island, makes his living by obtaining property records on behalf of his clients. He sought to obtain real estate tax records in Henrico County, Virginia, for a client, and his request was denied because he was not a Virginia citizen. He and another petitioner, with a similar experience, filed suit under […]
With Class Action Waiver Under Federal Arbitration Act State May Not Refuse To Enforce Arbitration Contract.
The U.S. Supreme Court held that, where a contract is subject to the Federal Arbitration Act, a court may not refuse to enforce an arbitration clause with a class action waiver on grounds that such a clause is unconscionable. AT&T Mobility LLC v. Concepcion (U.S.Supr.Ct.; April 27, 2011) 131 S.Ct. 1740, [179 L.Ed.2d 742, 79 U.S.L.W. […]
Common-Fund Doctrine Applies To ERISA Health Plans.
Plaintiff, an employee of an airline, brought an action against a third party for injuries and his lawyers secured $110,000 for him. After deducting 40 % for the contingency fees, plaintiff received $66,000. The airline has a health benefits plan which entitles the airline to reimbursement if an employee recovers money from a third party. The […]
The U.S. Supreme Court Curtails State’s Method For Seeking Reimbursement Allocation From Third-Party Tortfeasors For Medical Expenses Paid On Behalf Of A State’s Medicaid Beneficiaries…(Could Administrative Boards Deciding Amount Of Liens Be On The Horizon?)
Baby was born with multiple birth injuries which require 12-18 hours of daily nursing care. The baby and her parents filed a medical malpractice action against the delivery doctor and the hospital where she was born. Although the plaintiffs presented evidence of damages in excess of $42 million, they settled for $2.8 million, largely due […]
U.S. Supreme Court Holds Copyright Not Infringed.
An academic textbook publisher, who often assigns rights to publish its English language textbooks abroad, states in those books that they are not to be taken into the United States without permission. A Thai student moved to the United States to study mathematics. He asked friends and family to purchase copies of textbooks in Thailand, where […]
A “Search” Within The Meaning Of The Fourth Amendment Includes Using A Drug-Sniffing Dog On A Homeowner’s Porch.
Police received a tip that marijuana was being grown in a home. A surveillance team went to the home and watched it for 15 minutes. Seeing no activity, a detective and a trained dog handler with his drug-sniffing dog approached the home. The dog had been trained to detect the scent of marijuana, cocaine, heroin and […]
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