|
|
|
Mixed rulings for Republicans from Kentucky Supreme Court
Law Firm Press Release |
2018/11/13 12:38
|
In a pair of mixed rulings for Kentucky Republicans, the state Supreme Court on Thursday struck down a law requiring a panel of doctors to review medical malpractice cases before they go to court while upholding the state's law banning mandatory union dues for most employees.
Republicans celebrated when Gov. Matt Bevin signed both laws, made possible only after the GOP won control of the state House of Representatives in 2016 for the first time in nearly 100 years. Bevin has credited the union dues law, known as right-to-work, with boosting record levels of business investment in Kentucky. But the medical review panel law has been criticized for clogging the state's court system.
The medical review law gives a panel of doctors nine months to review medical malpractice lawsuits and issue an opinion about whether they are frivolous. A review of court records in August of this year by the Courier Journal found that in the first year the law was in effect, 11 percent of the 531 malpractice lawsuits filed had been assigned to a panel. Of those, findings had been issued in 3 percent.
The state legislature passed the law in 2017. Tonya Claycomb sued on behalf of her child, Ezra, who was born with severe brain damage and cerebral palsy she says was caused by medical malpractice. She argued the bill delayed her access to the courts, citing section 14 of the Kentucky Constitution. It says all courts shall be open and every person will have access "without ... delay."
Lawyers for Gov. Bevin argued the law is helpful because it gets the two sides talking before a lawsuit is filed, which could lead to an agreement to settle the case outside of court. They also pointed out the state has other laws that limit access to the courts, including requiring heirs to wait at least six months before suing the executor of an estate.
|
|
|
|
|
|
|
'Magic' campaign lands 17 black women on Houston courts
Law & Court News |
2018/11/10 14:48
|
The Houston area's courts are going to be a lot more diverse thanks to a group of 17 African-American women and their "magic."
The women, who were part of an effort dubbed the "Black Girl Magic" campaign, all won races Tuesday to be judges in various Harris County courts in an election that featured more black women on the county's ballot than any other.
The "Black Girl Magic" campaign debuted over the summer with a viral photo that featured the 17 women and two other sitting Harris County judges inside a courtroom. Although those two judges lost their bids Tuesday for seats on the Texas Court of Criminal Appeals, they will retain their local judgeships.
Those behind the campaign say it was part of an effort to broaden the diversity of the Houston area's judiciary and ensure that more African-Americans and other minorities can bring their backgrounds and life experiences to the bench and better reflect the diversity of the nation's fourth largest city.
"I think that while Houston itself is one of the most diverse cities in the United States, our elected officials have not always reflected that," said Lillie Schechter, chair of the Harris County Democratic Party, which put together the "Black Girl Magic" campaign. "Having a government that reflects the people, the population is something that is incredibly important."
Lori Chambers Gray, a Houston defense attorney who won election to be a judge on a criminal district court, said the photo and the "Black Girls Magic" campaign provided her with a source of strength and motivation as she proceeded to Election Day.
"I hope that it's an example for women that we do have opportunities to run and to win a campaign," Gray said.
The "Black Girl Magic" moniker has been used as a hashtag in recent years to highlight the accomplishments of African-American girls and women. In politics, it's been used to highlight the role African-American women have played in helping decide various races, including the highly contested Senate race in Alabama last year in which Democrat Doug Jones beat Republican Roy Moore. |
|
|
|
|
|
|
Trump moves to limit asylum; new rules challenged in court
Law Firm Blog News |
2018/11/09 10:43
|
President Donald Trump issued a proclamation Friday to deny asylum to migrants who enter the country illegally, tightening the border as caravans of Central Americans slowly approach the United States. The plan was immediately challenged in court.
Trump invoked the same powers he used last year to impose a travel ban that was upheld by the Supreme Court. The new regulations are intended to circumvent laws stating that anyone is eligible for asylum no matter how he or she enters the country. About 70,000 people per year who enter the country illegally claim asylum, officials said.
“We need people in our country, but they have to come in legally,” Trump said Friday as he departed for Paris.
The American Civil Liberties Union and other legal groups swiftly sued in federal court in Northern California to block the regulations, arguing the measures were illegal.
“The president is simply trying to run roughshod over Congress’s decision to provide asylum to those in danger regardless of the manner of one’s entry,” said ACLU attorney Lee Gelernt.
The litigation also seeks to put the new rules on hold while the case progresses.
The regulations go into effect Saturday. They would be in place for at least three months but could be extended, and don’t affect people already in the country. The Justice Department said in a statement the regulations were lawful.
Trump’s announcement was the latest push to enforce a hard-line stance on immigration through regulatory changes and presidential orders, bypassing Congress, which has not passed any immigration law reform. But those efforts have been largely thwarted by legal challenges and, in the case of family separations this year, stymied by a global outcry that prompted Trump to retreat. |
|
|
|
|
|
|
Ginsburg, 85, hospitalized after fracturing 3 ribs in fall
Topics in Legal News |
2018/11/07 02:39
|
Eighty-five-year-old Supreme Court Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital, the court said Thursday.
The court’s oldest justice fell Wednesday evening, the court said. She called Supreme Court police to take her to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight, court spokeswoman Kathy Arberg said.
She was admitted to the hospital for treatment and observation after tests showed she fractured three ribs.
In her absence, the court went ahead Thursday with a courtroom ceremony welcoming new Justice Brett Kavanaugh, who joined the court last month. President Donald Trump and new acting Attorney General Matthew Whitaker were on hand.
Ginsburg has had a series of health problems. She broke two ribs in a fall in 2012. She has had two prior bouts with cancer and had a stent implanted to open a blocked artery in 2014. She also was hospitalized after a bad reaction to medicine in 2009.
But she has never missed Supreme Court arguments. The court won’t hear arguments again until Nov. 26.
Rib fractures are common among older adults, particularly after falls. The severity depends in part on whether the ribs are cracked or broken all the way through, and how many are broken. The extent of Ginsburg’s injury was not clear.
A complete break requires making sure the two ends are in alignment, so that a sharp piece of bone doesn’t puncture nearby blood vessels or organs. Broken ribs typically heal on their own in six weeks to a month, and patients are advised to limit strenuous activity. But they can be very painful and controlling pain is key. A chief complication is pneumonia, when patients don’t breathe deeply enough or cough enough because of the rib pain.
Appointed by President Bill Clinton in 1993, Ginsburg rebuffed suggestions from some liberals that she should step down in the first two years of President Barack Obama’s second term, when Democrats also controlled the Senate and would have been likely to confirm her successor.
She already has hired clerks for the term that extends into 2020, indicating she has no plans to retire. Ginsburg leads the court’s liberal wing. |
|
|
|
|
|
|
Bahrain opposition leader sentenced to life by high court
Legal Blog News |
2018/11/05 00:10
|
A Shiite cleric who was a central figure in Bahrain's 2011 Arab Spring protests was sentenced to life in prison Sunday on spying charges.
The ruling by the Supreme Court of Appeals came after Sheikh Ali Salman was acquitted of the charges by a lower court in June. Human rights groups and activists say the charges against him are politically-motivated and related to his work as a leading opposition figure.
The verdict was issued just weeks before parliamentary elections are set to take place without the Al-Wefaq political group Salman once led. Al-Wefaq, which was the tiny Gulf nation's largest Shiite opposition bloc, was ordered dissolved in 2016 as part of a crackdown on dissent in the kingdom, which has a Shiite majority but is ruled by a Sunni monarchy.
The state-run Bahrain News Agency reported the appellate court's decision Sunday without naming the defendants, saying three individuals were found guilty of the spying charges.
Human Rights First, an activist group, confirmed the ruling refers to Salman. His co-defendants in the case— Sheikh Hassan Ali Juma Sultan and Ali Mahdi Ali al-Aswad— are also former al-Wefaq officials.
The three faced charges of disclosing sensitive information to Qatar that could harm Bahrain's security in exchange for financial compensation. The state-run news agency said prosecutors presented recorded phone conversations as evidence.
Last year, Bahrain state television aired the recorded calls between Salman and Qatar's then-Prime Minister Sheikh Hamad bin Jassim Al Thani during the 2011 protests. |
|
|
|
|
|
| Law Promo can construct your law firm a brand new responsive website, or help you redesign your existing site to secure your place in the internet world. Small Law Firm Web Design by Law Promo |
|
|
Recent Lawyer Blog Updates |
|
Lawyer News RSS
