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Court rulings add urgency to state exchange decisions
Attorney News |
2014/08/11 17:57
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As states ready their health insurance exchanges for a second open enrollment season in November, many have more to worry about than the computer glitches that plagued them last year.
Last month’s federal appeals court ruling that said language in the Affordable Care Act allows only state-run exchanges to give consumers tax credits to help pay for policy premiums is spurring several states to solidify their state-based credentials.“Until now, it was inconsequential what you were called,” said Larry Levitt, vice president at the Kaiser Family Foundation.
“All of a sudden, it may matter.”Only the District of Columbia and 14 states — California, Colorado, Connecticut, Hawaii, Kentucky, Maryland, Massachusetts, Minnesota, Nevada, New York, Oregon, Rhode Island, Vermont and Washington — have established state exchanges and are on firm legal ground, according the decision,
Halbig v. Burwell.Consumers in the remaining 36 states that use the federal exchange ultimately could be blocked from future premium subsidies if the U.S. Supreme Court sides with Obamacare opponents.
At stake is discounted insurance coverage for more than 7 million people and access to federal subsidies amounting to $36 billion in 2016, according to a study by the Urban Institute. |
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Texas Supreme Court: Parade Crash Trial in Midland
Attorney News |
2014/08/05 22:25
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The Texas Supreme Court has ruled a negligence lawsuit stemming from the fatal collision of a train with a veterans' parade float in Midland in 2012 should be heard in Midland County.
The Midland Reporter-Telegram reports the state's highest civil court on Friday rejected a case that veterans and family members filed in Dallas. The railroad, Union Pacific, and the float provider, Smith Industries, wanted a trial in Midland because that's where the crash occurred.
Four people were killed and 13 others hurt in the 2012 crash. A federal investigating panel blamed the city and parade organizers for the accident.
Two pretrial hearings are set for Midland in September. The trial itself is set for January.
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Italy court reopens probe into death of Pantani
Court Watch |
2014/08/05 22:24
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Italian prosecutors have reopened an investigation into the death of cyclist Marco Pantani after his family presented evidence contending the former Tour de France winner was murdered.
Pantani, who won both the Giro d'Italia and Tour de France in 1998, was found dead in a Rimini hotel room on Feb. 14, 2004. A coroner ruled the 34-year-old Italian died from a cocaine overdose.
The cyclist's mother, Tonina Pantani, has always claimed her son was murdered, alleging that he was forced to drink a lethal dose of cocaine dissolved in liquid.
"It's an important day, but with a bittersweet taste," Tonina said. "On one side I'm glad, after many years, finally I'm not shouting into the wind anymore. But inside me there's also anger, anger and more anger.
"Why did it take all this time? Why were several things not in their place in 2004 and nobody did anything to give me answers? I'm tired."
Rimini's chief prosecutor, Paolo Giovagnoli, confirmed Pantani's file has been reopened but said it is an "obligatory move" in such matters. He has handed the case to a colleague, Elisa Milocco, who will study the dossier of evidence presented by Pantani's family before returning from holiday in September. |
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Brown appoints legal affairs aide to appeals court
Attorney News |
2014/07/28 20:12
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Gov. Jerry Brown has named a senior aide to become an associate justice on the Sacramento-based Third District Court of Appeal.
Brown announced the appointment of Jonathan Renner on Friday.
The 44-year-old Democrat from Sacramento has been Brown's legal affairs secretary since 2011.
He was senior assistant attorney general at the California Department of Justice from 2009 to 2010, when Brown was the state's attorney general. Renner previously held other high-ranking positions within the attorney general's office.
The appointment requires confirmation by the Commission on Judicial Appointments. It includes the current attorney general, Kamala Harris, and Chief Justice Tani Cantil-Sakauye ("TAWNY canTILL SOCK-a-OO-ay").
If confirmed, Renner will begin his term Jan. 5. He would fill the vacancy created when Cantil-Sakauye moved to the California Supreme Court. |
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German court receives suit against EU bank union
Legal News |
2014/07/28 20:09
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A group of German professors has filed a complaint to the country's highest court against the European Union's plans to create a so-called banking union, a central part of the effort to make the continent's financial system more resilient.
The Federal Constitutional Court said Monday it had received the complaint. It wasn't clear when the court might rule; verdicts on previous attempts to block measures meant to stem Europe's debt crisis took at least several months.
The group behind the complaint says the banking union "has no legal basis in the European treaties."
It objects to handing the European Central Bank direct supervision of the eurozone's biggest lenders with binding powers over national authorities, and opposes plans for a separate authority with the power to dissolve or restructure failing banks. |
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