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Appeals court: Seniors can't reject Medicare right
Law Center |
2012/02/07 10:00
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A federal appeals court ruled Tuesday that seniors who receive Social Security cannot reject their legal right to Medicare benefits, in a rare case of Americans suing to get out of a government entitlement.
Former House Majority Leader Dick Armey is among the five senior citizens who sued to stop their automatic eligibility for Medicare. But the appeals court ruled in a split decision that the law gives them no way to opt out of their eligibility if they want to keep their Social Security benefits.
Armey, a Texas Republican, and his co-plaintiffs say their private insurers limit their coverage because they are eligible for Medicare, but they would prefer the coverage from their private insurers.
We understand plaintiffs' frustration with their insurance situation and appreciate their desire for better private insurance coverage, Judge Brett Kavanaugh wrote in a majority opinion joined by Douglas Ginsburg, both Republican appointees. But they agreed with the Obama administration that the law says those over age 65 who enroll in Social Security are automatically entitled to Medicare Part A, which covers services including hospital, nursing home care, hospice and home health care.
The case is being funded by a group called The Fund For Personal Liberty, which says its purpose is to take on burdensome government regulations. Attorney Kent Brown, who argued the case for the plaintiffs, say they want to keep their Social Security because they believe they earned it, but none of them want Medicare Part A. |
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Palm Beach Construction Law Attorney - Heitman Law Firm, PL.
Firm News/Florida |
2012/02/06 09:48
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a href=http://www.palmbeachconstructionlaw.org/disputes-contractsPalm Beach Construction Law Attorney/a
Heitman Law Firm serves its clients by first comprehending the specific issues our clients face and then tailoring our representation to those specific needs. Construction law cases often involve legal, technical, engineering, design, constructability and scheduling issues. We speak the language of construction. We understand your business. We know how to read a set of plans. Our client service is based on the idea that the client should not be required to pay to
bring us up to speed on the construction issues. Instead, we make it our business to be ahead of the learning curve.
Our law firm's Florida construction law practice includes the following areas:
• Land Use Planning
• Permitting
• Bid Preparation
• Bid Protests
• Contract Drafting
• Contract Review
• Contract Negotiation
• Contract Administration
• Design-Build Contracts
• Contract Claims Preparation
• Contract Dispute Resolution
• Alternative Dispute Resolution (ADR)
• Dispute Review Board Hearings
• Administrative Hearings
• We represent both domestic and international clients
• Private Construction Projects
• Public Construction Projects
• Projects Nationwide
• Design Professional Negligence
Heitman Law Firm combines experience and efficiency in construction law to render their clients high quality legal representation. With years of experience building real world construction projects, Mr. Heitman is an expert in construction law and efficiently resolve construction disputes. Visit www.palmbeachconstructionlaw.org for more information. |
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Izard Nobel LLP Announces Class Action
Legal Focuses |
2012/02/06 09:47
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The law firm of Izard Nobel LLP, which has significant experience representing investors in prosecuting claims of securities fraud, announces that a lawsuit seeking class action status has been filed in the United States District Court for the Eastern District of New York on behalf of purchasers of the common stock of Cablevision Systems Corporation between February 16, 2011 and October 28, 2011, inclusive (the Class Period).
The Complaint alleges that Cablevision and certain of its officers and directors violated the federal securities laws. Specifically, defendants failed to disclose the following adverse facts: (i) that Cablevision was experiencing higher retention and advertising costs; (ii) that Cablevision was losing more video customers than expected, especially in the New York area -- the Company's main service area -- due to increased competition; and (iii) as a result of the foregoing, defendants lacked a reasonable basis for their positive statements about the Company and its prospects.
On October 28, 2011, Cablevision announced its financial results for the third quarter of 2011, the period ended September 30, 2011. On that same day, Cablevision held a conference call with analysts and investors to discuss the earnings announcement and the Company's operations, including the Company's subscriber loss. In reaction to the Company's announcement, the price of Cablevision stock fell $2.17 per share, or 13%, to close at $15.14 per share.
While Izard Nobel LLP has not filed a lawsuit against the defendants, to view a copy of the Complaint initiating the class action or for more information about the case, and your rights, visit: www.izardnobel.com/cablevision |
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Las Vegas Product Liability Attorney - Luis A. Ayon
Firm News/Nevada |
2012/02/05 09:48
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a href=http://www.mgalaw.com/las-vegas-nevada/personal-injury-product-liabilityLas Vegas Product Liability Attorney/a - Luis A. Ayon
Luis has significant litigation experience in Nevada's state and federal courts. He focuses his practice on complex commercial litigation and contested and adversarial matters in bankruptcy court, real estate litigation and financial institutions litigation.
Prior to joining the firm, Luis was an associate at an international law firm where he focused on commercial litigation as well as contested bankruptcy matters. He also served as the first law clerk for Presiding Civil Judge, the Honorable Elizabeth Gonzalez and worked for one of the nation's largest plaintiffs' firms where he managed a significant case load involving catastrophic brain and spinal injuries, wrongful death, product liability and insurance bad faith claims.
Luis A. Ayon is commited to providing clients with the highest level of personal service. His dedication in his work focusing on all phases of litigation from obtaining fast pre-litigation results to handling cases through trial and appeal has given him extensive experience. His experience can rest assure that all cases will be handled by skilled professionals.Contact Maier Gutierrez Ayon PLLC. |
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Appeals court set to hear Alabama trademark suit
Court Watch |
2012/02/03 03:05
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A federal appeals court is set to hear arguments in the trademark infringement case between sports artist Daniel Moore and the University of Alabama, whose football program is portrayed in a number of his works.
They present their cases to the U.S. 11th Circuit Court of Appeals in Atlanta on Thursday.
The university filed suit in 2005 alleging that Moore violated trademark law in painting scenes from football games by showing Crimson Tide players in their crimson and white uniforms without permission.
The suit also contends that Moore reissued previously licensed prints without paying royalties.
A federal judge's ruling in 2009 found that Moore's paintings and prints were protected but that other items ? like coffee mugs ? weren't. Both sides appealed.
The University of Alabama believes the court ruled correctly when it found that Daniel Moore and his company engaged in activities that infringe on the University's trademarks, university spokeswoman Deborah Lane said in a statement. While we regret the necessity of having to involve the courts in this matter, the lawsuit was necessary since UA must protect the value and reputation of our trademarks, name, colors, indicia and logos, by determining who uses them, as well as when and how they are used.
Moore denied violating trademark laws and said his art constitutes free speech protected by the U.S. Constitution. |
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Providence mayor warns of possible bankruptcy
Topics |
2012/02/02 23:05
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Mayor Angel Taveras painted a bleak picture Thursday of the city's finances, saying Providence faces devastation and could go bankrupt if retiree benefits aren't cut and tax-exempt institutions like Brown University don't pay more in lieu of taxes.
Taveras said he cut a projected $110 million deficit for the current fiscal year to less than $30 million but that the city is on track to run out of money by June. He said taxpayers and city workers have already sacrificed ? taxes and fees have gone up, several schools were closed and there are 200 fewer people on the city's payroll compared to a year ago ? and he called on retirees and nonprofit hospitals and universities to do the same.
Everyone must sacrifice or everyone will suffer the consequences, he said at a news conference at City Hall. We need everyone to be part of the solution.
He said the city can't afford retirees' guaranteed annual cost-of-living increases ? about 600 retirees get increases of 5 and 6 percent ? and that benefits will be cut one way or another, either voluntarily or possibly through court action. He suggested the city could go the way of Central Falls, which was taken over by a state-appointed receiver in 2010 and where pensioners' benefits were unilaterally slashed. The receiver declared bankruptcy on behalf of the city in August. |
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