Posts tagged with: "legislation"
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21 May 2013, 11:20 am
Medical malpractice attorneys at Pintas & Mullins point to a recent article published by the New York Times detailing the importance of malpractice litigation in gaining a more transparent healthcare system. Lawsuits often reveal diagnostic and treatment errors that would not have been caught otherwise, helping hospitals better to identify and address medical errors.
The article details a study the author conducted to determine the various effects modern malpractice litigation is having on our… [read post]
21 May 2013, 10:41 am
On Thursday, President Obama will be giving a major address on national security and counterterrorism, styled as a companion to the 2009 National Archives address. That 2009 speech adopted a pragmatic approach blending a renewed emphasis on criminal prosecution and closure of Guantanamo with an embrace of the continued use of military detention and military commissions (albeit somewhere other than Guantanamo) in those instances in which those tools are both lawful and the best available… [read post]
21 May 2013, 8:43 am
Minnesota Legislature Passes Bill to “Fix” the Minn. SCT Decision In re R.S.
HF 252, which was introduced by Rep. Susan Allen, overcame its final hurdle in the Minnesota Legislature by passing the House by a wide margin on May 10th. It passed the Senate with an equally wide margin the previous week and was signed into law on May 16th.
HF 252 reverses the affects of the Minn. SCT’s decision In the Matter of the Welfare of the Child of R.S. and L.S., wherein the Court denied a… [read post]
21 May 2013, 4:09 am
Photo Credit: laverrue via Compfight cc
One of the hot topics in the news at the moment is the changes which are taking place surrounding the issue of gay marriage. It appears that the new legislation is continuing to proceed through parliament and it is looking ever more likely it will reach the point of legalisation.
However the issue has been hugely controversial and it appears that it has caused division within the Tories themselves, with Labour being relied upon to provide their support… [read post]
21 May 2013, 1:49 am
The CRC Energy Efficiency Scheme Order 2013
The G8 Summit (Immunities and Privileges) Order 2013
The Social Security (Contributions) (Amendment No. 2) Regulations 2013
The Welfare Reform Act 2012 (Consequential Amendments) Regulations 2013
The Fire and Rescue Services (Appointment of Inspector) (England) Order 2013
The Financial Conglomerates and Other Financial Groups (Amendment) Regulations 2013
Source: www.legislation.gov.uk [read post]
20 May 2013, 7:52 pm
Marvin Umholtz's latest CU Strategic Hot Topics email newsletter contains a lengthy discussion of a position paper issued late last month by the National Consumer Law Center (NCLC), which calls on the CFPB to restrict bank and credit union overdraft fees to the "reasonable and proportional" standard applied to credit card penalty fees by the terms of CARD Act, notwithstanding the fact that there is no express statutory requirement to apply such a limitation to overdraft fees. The NCLC argues that… [read post]
20 May 2013, 4:34 pm
By Carlos Lopez, Caroline Keller and Chris Lowe
The New Jersey General Assembly voted today on a new version of an employee social media privacy bill which incorporates revisions suggested by Governor Chris Christie when he conditionally vetoed the bill on May 6, 2013. The Assembly passed the revised version with an overwhelming vote of 74-0. The bill is expected to receive similar support in the Senate, where the earlier version passed 28-0, and from Governor Christie.
Like its predecessor, the… [read post]
20 May 2013, 2:00 pm
Spouses often use trusts to pass monetary benefits to the other spouse, but the law is often unclear on whether same-sex spouses can become the beneficiary of their partner’s trust. If the Supreme Court finds the Defense Against Marriage Act... [read post]
20 May 2013, 1:51 pm
By Thomas Flaherty and Rebecca Roche
Virginia has enacted a new law that is intended to enhance employee protections, particularly during union organizing drives in the Commonwealth. Effective July 1, 2013, the law limits those situations in which an employer may be required to disclose certain information to third parties about current and former employees. Delegate Barbara Comstock, who spearheaded this law, calls it “...a victory for the rights of workers and for protecting… [read post]
20 May 2013, 11:01 am
Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may not (1) inquire into or consider or require disclosure of criminal record information until the applicant has been selected for an interview or, if there is not an interview, until a conditional job offer of employment has been extended to the applicant, and… [read post]
20 May 2013, 10:31 am
The National Transportation Safety Board has called on all 50 states to reduce the allowable blood-alcohol concentration by more than a third, to 0.05 percent from 0.08 percent.
The recommendation was one of 19 made in a safety report released by the Board Tuesday after a year-long investigation into the problem of substance-impaired driving.
“The research clearly shows that drivers with a BAC above 0.05 are impaired and at a significantly greater risk of being involved in a crash where… [read post]
20 May 2013, 9:57 am
By Alyssa Yatsko
Under the newly passed Family Care Act (House Bill 13-1222), Colorado employers must extend leave under the federal Family and Medical Leave Act (FMLA) to permit eligible employees to care for their civil union partner or domestic partner who has a serious health condition. The law goes into effect on August 7, 2013 so covered employers should act now to update their FMLA policies and procedures. Here are the details of this new Colorado law.
FMLA Leave Available… [read post]
20 May 2013, 9:50 am
Omaha World-Herald columnist Matthew Hansen writes, "Decades on death row drive death penalty fight." Here's the beginning of this must-read: Oklahoma is killing a man at midnight, and so as darkness falls, another man on H Block slips off his... [read post]
20 May 2013, 9:29 am
The Palm Beach Post publishes the editorial, "Scott should veto ‘Timely Justice Act’ on the death penalty." It's by Randy Schultz for the Post Editorial Board. In 2006, the American Bar Association showed Florida how to fix the state’s death... [read post]
19 May 2013, 9:30 pm
Congressional Republicans have attacked the Obama administration by accusing federal agencies of engaging in collusive litigation practices with public interest groups (pejoratively dubbed “sue-and-settle”). Republicans in both the 112th and 113th Congress have introduced legislation that purports to address this practice. Senate Republicans have most recently leveled similar accusations at Ms. Gina McCarthy during the confirmation proceedings for her nomination to be the next… [read post]
18 May 2013, 8:40 am
Here in the Garden State, our courts are full of drunk driving and drug DUI cases being prosecuted by any number of municipal and state attorneys angling to get a conviction the fastest and easiest way that they can. As New Jersey DWI-DUI defense lawyers I and my staff of skilled trial attorneys know that there is no better way to end up paying huge fines and other statutory penalties than to roll over and admit guilt without ever attempting to fight the state's accusations.
One of the most common… [read post]
17 May 2013, 8:00 pm
TweetSince the news of the Justice Department getting their hands on phone records of the Associated Press – without the AP’s cooperation – there has been new talk of a federal shield law.
But how broad would the shield law be? To cut to the chase: Would if cover bloggers?
The issue was nicely teed up in a PandoDaily post yesterday by Adam L. Penenberg:
[W]hen you’re trying to craft laws to protect journalists from having to disclose the identities of confidential sources,… [read post]
17 May 2013, 5:48 pm
Here’s what can happen when people get lulled into a false sense of security listening to the news stories about how our housing markets have rebounded and foreclosures are down… we risk losing the things that are helping homeowners.
When the foreclosure crisis began, and for the first few years as foreclosures continued unabated, foreclosure mediation programs were unheard of… in fact, it wasn’t until people realized that HAMP wasn’t really working as advertised and… [read post]
17 May 2013, 11:03 am
Terry Baynes of Reuters has written an article about the recent study by a group of physicians at John Hopkins finding that large med mal awards do not contribute significantly to healthcare costs. The article quotes the lead author of... [read post]
17 May 2013, 10:37 am
Written by Jake Romero
Do you ever find yourself worrying that, given the types of things minors deem appropriate to post on social networking Web sites like Facebook and Twitter, our country won’t be able to produce an electable candidate for president in 40 years? If so, you’ll be glad to know that the California state legislature is in the process of considering two bills that could impact the obligations of online services operators to delete certain types of information… [read post]