Archive for June, 2010

1800 Vets Possibly Exposed to HIV at VA Hospital

This week, 1,812 veterans who had dental work done at the John Cochran Division of the St. Louis Veterans Affairs Medical Center, received letters warning them they may have been exposed to HIV and other infectious diseases. Patients treated at the Medical Center from February 2009, to March 2010, are being notified they could contract hepatitis B, hepatitis C [...]

Home Buyer Tax Credit Extension 2010 On the Way?

Reports have been on-going regarding home buyers concerned that they won’t be able to close in time to take advantage of the tax credit for new home buyers slated to expire today, June 30. Help may be on the way for the stressed and financially strapped home buyer. Last night, the House of Representatives voted [...]

Wrongful Death Suit Filed in Mitrice Richardson Case

The mother of a mentally ill woman who disappeared after being released from police custody in the Malibu/Lost Hills area near Los Angeles last September has filed a wrongful death suit against Los Angeles County and Sheriff’s Department officials. Latice Sutton, mother of Mitrice Richardson, is alleging the sheriffs were negligent in releasing her daughter [...]

Mexico Files Brief in AZ Immigration Case

Mexico has now weighed in on SB 1070, Arizona’s controversial immigration law set to take effect July 29.  Mexico filed an Amicus Curiae brief arguing that the measure is not only unconstitutional, but that it will also create a substantial strain between US and Mexican government relations. SB 1070, which we have discussed here on [...]

Indictment of White Supremacist Reinstated, & Immigration and Insurance Matters

Kenseth v. Dean Health Plan, Inc., No. 08-3219, concerned a plaintiff’s suit against her HMO pursuant to ERISA, arising from the denial of coverage for a surgical procedure to resolve the severe acid reflux related to her original vertical gastric banding surgery for morbid obesity.  The court affirmed in part the district court’s grant of summary judgment [...]

Denial of Insurance Benefits Based on Criminal Act Exclusion Upheld, Plus Criminal Matters

Progressive Ins. Co. v. McDonough, No. 09-2520, involved an action against an insurance company for policy proceeds arising out of a car accident.  The court affirmed summary judgment for defendant, holding that the criminal-act exclusion in the policy precluded recovery because the perpetrator pled guilty to intentionally hitting plaintiff with his car.
In US v. Cochrane, [...]

Mass. School Won’t Allow Pledge of Allegiance

Just in time for the holiday, a traditional American fight over a traditional American symbol: our flag and the pledge of allegiance we say, or in this case, don’t say to it. In Massachusetts, rugged individualist Sean Harrington was alarmed to find as a freshman at Arlington High School that there were no flags in [...]

Denial of Petition for Review of Order of Removal

Ogunfuye v. Holder, No. 09-60074, involved a petition for review of a final order of removal entered by the Board of Immigration Appeals (BIA).  The court of appeals denied the petition, on the grounds that 1) because petitioner was an aggravated felon, the court had no jurisdiction to reach her argument that the lack of [...]

Zoning Ordinance Re Wal-Mart Construction Unconstitutional, Plus Social Security Disability Case

Kyle v. Comm’r of Soc. Sec., No. 09-3628, the Sixth Circuit faced a challenge to the district court’s affirmance of ALJ’s determination that claimant was not disabled for Social Security purposes.  In affirming, the court held that the ALJ’s factual determination that claimant possessed supervisory skills transferable to other jobs was supported by substantial evidence.  [...]

It’s a Tradition! Fireworks Laws and Safety Tips

What could be more American than the 4th of July? Parades, hamburgers, lemonade and fireworks. And injuries from fireworks resulting in lawsuits. To help us all truly celebrate the former and avoid the latter, herewith, some good old-fashioned guidelines and hints on ways to make your 4th of July funny, sunny and totally independent of [...]