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High court won't hear California's prison appeal
Legal Focuses |
2014/06/10 19:09
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The U.S. Supreme Court on Monday let stand a lower court ruling that California bears responsibility for nearly 2,000 disabled parolees housed in county jails.
The decision could leave state taxpayers liable for problems at some of the jails, said Jeffrey Callison, a spokesman for the California Department of Corrections and Rehabilitation.
The high court did not comment as it declined to consider Gov. Jerry Brown's appeal of a January 2012 decision by U.S. District Judge Claudia Wilken in Oakland.
She ruled that state prison officials failed to monitor and protect former inmates who were returned to county jails instead of state prisons for parole violations under a now 3-year-old state law.
That law keeps most parole violators and lower-level offenders in county jails instead of state prisons in response to federal court orders requiring the state to reduce the prison population.
The ruling in the parolee case was upheld last year by the 9th U.S. Circuit Court of Appeals, despite objections by the state.
"We believe that the lower court impinged upon a state's right to delegate responsibilities to local governments," Callison said.
The state penal code says parole violators in county jails are under counties' jurisdiction, he said, but "the federal court decided that didn't matter, that they were still ultimately state parolees."
That could make the state financially responsible for providing jailed parolees with the accommodations to which they are entitled under the federal Americans with Disabilities Act, he said. |
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McKennon Law Group - Los Angeles ERISA Litigation Lawyer
Attorney News |
2014/06/10 19:08
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The Employee Retirement Income Security Act of 1974, also known as ERISA, governs certain employer-provided health insurance, life insurance, and disability insurance plans. The federal ERISA statute enacted was meant to protect employees by establishing remedies for benefits denials, breaches of fiduciary duties, and failures to provide notice of plan terms or benefit changes. Unfortunately, insurance companies and ERISA insurance plans ofen use the ERISA regulation complexities as a way to improperly deny ERISA claims for ERISA benefits causing individuals to appeal through an administrative process or bring a Federal court lawsuit to recover their ERISA benefits.
Many attorneys are uncomfortable with ERISA cases, and will usually not take these types of cases. Well-funded insurance companies have a clear advantage over sick, disabled, or grieving claimants who do not have experienced ERISA attorneys. Specific rules and strict deadlines govern the ERISA administrative process that individuals must follow before they are allowed to file an ERISA lawsuit. Individuals must comply with the insurance plan's appellate procedures and ERISA law in order to bring an ERISA lawsuit. An attorney specializing in ERISA law can help identify mistakes and weaknesses in the insurer's review and ensure your ERISA administrative record contains appropriate evidence needed to support your claim and navigate the appeals process.
The McKennon Law Group specializes in ERISA insurance and insurance bad faith claims, appeals, and trials. The attorneys at the McKennon Law Group have over forty years of combined experience in litigating ERISA insurance and insurance bad faith cases. Attorneys Robert J. McKennon and Scott E. Calvert have previously represented large insurance companies issuing policies of disability, life, health, and long-term care insurance. Therefore, we can offer a unique perspective and broader understanding of how the insurance industry approaches both ERISA and insurance bad faith claims.
If you're in need of a Los Angeles ERISA Litigation attorney to litigate your ERISA insurance or insurance bad faith claim, please call (949) 387-9595 for a free consultation. |
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DiRusso & DiRusso - Surry County Worker's Compensation Lawyers
Attorney News |
2014/06/10 19:08
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From the moment an employee is injured, there are time limits for both the employee and employer. Employers must make certain reports to the court system for North Carolina Worker's Compensation case, Industrial Commission. Employer reports do not satisfy the reporting obligations of the employee or extend the time limit for the employee to make his claim.
Under certain circumstances, an injured employee may report their injury to their employer and even be paid for time missed from work. If the employee does not make the proper filing with the Industrial Commssion, the employee's claim can be dismissed and they will receive no further benefits.
It is critical to know what benefits to demand. An injured worker is entitled to numerous benefits, unfortunately it is not the employer's obligation to advise their injured employee of these benefits. At DiRusso & DiRusso, we offer free consultations with attorneys who practice Worker's Compensation.
If you're in need of a Surry County Worker's Compensation Lawyer, contact DiRusso & DiRusso today.
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Levin & Curlett, LLC - Baltimore Criminal Defense Lawyer Services
Attorney News |
2014/06/06 21:08
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Levin & Curlett, LLC was formed by former prosecutors. With extensive experience in all facets of criminal and civil litigation, Levin & Curlett LLC has the trial experience necessary to work effectively with clients to achieve their goals. They represent clients who are involved in criminal proceedings as targets, subjects, witnesses, recipients of grand jury subpoenas, or defendants.
Levin & Curlett LLC defends state and federal charges for all manner of non-white collar crimes, including felonies and misdemeanors. We have extensive experience in cases involving:
- Conspiracy
- Racketeering (RICO)
- Homicide
- Sex Crimes
- Assault
- Theft/Embezzlement
- Driving Under the Influence/Driving While Impaired
- Weapons Possession
- Narcotics Possession and Trafficking
- Cases Involving Juveniles
If you're in need of Baltimore Criminal Defense Lawyers, call the Levin Curlett, LLC today. |
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McKennon Law Group - Los Angeles Insurance Bad Faith Lawyer
Attorney News |
2014/06/06 20:45
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California imposes an "implied duty of good faith and fair dealing" law in every insurance contract. This duty requires insurers to act in a fair and reasonable manner and refrain from improperly delaying or denying benefits. This includes policies that provide the following: short-term and long-term disability insurance, life insurance, long-term care insurance, health insurance, homeowners insurance, propety/casualty insurance, commercial general liability, professional liability, and officers & directors liability insurance. By improperly delaying or denying benefits, insurance companies may be acting in "bad faith". In California law, this is referred to as insurance bad faith. Insurance bad faith can also apply to cases where insurance companies fail to adequately investigate a claim. When an insurance company acts in its own interest rather than the interest of the insured policyholder, the insurance company may be liable for insurance bad faith. Winning an insurance bad faith claim may allow you to recover attorneys' fees, emotional distress damages, compensable economic damages, punitive damages, pre-judgment interest, post judgment interest and policy benefits.
The McKennon Law Group lawyers specialize and have many years of experience in litigating and resolving insurance bad faith disputes against insurance companies. Our attorneys have defended insurance companies with respect to these claims and so possess the most experience available anywhere. Our aggressive advocacy and reputation as a leading insurance bad faith litigation firm allows us to achieve maximum settlements, judgments and verdicts at trial.
We will give you an honest assessment of your case and let you know whether you should sue your insurance company for benefits and insurance bad faith. We handle cases on a contingency fee basis. If you believe an insurance company has denied your claim in bad faith, call a Los Angeles Insurance Bad Faith lawyer from the McKennon Law Group for a free consultation. |
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