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Court: $1M coverage for Conn. fire victim families
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2013/06/11 09:04
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Families suing the operator of a Hartford nursing home where 16 patients died in a 2003 fire suffered a setback Monday, when the Connecticut Supreme Court ruled that the home's insurance coverage was $1 million instead of the $10 million claimed by the victims' relatives.
The justices' 3-2 decision reversed a lower court judge's interpretation of Greenwood Health Center's insurance policy in favor of the families. The high court instead found in favor of Boston-based Lexington Insurance Co., a subsidiary of American International Group Inc.
"It just seems completely inadequate," Van Starkweather, an attorney for one victim's family, said about the lower coverage figure. "I'm disappointed. It was a close decision. Three justices went with AIG. Two justices went with the victims."
A lawyer for Lexington Insurance declined to comment Monday.
The fire at Greenwood Health Center on Feb. 26, 2003, broke out after psychiatric patient Leslie Andino set her bed on fire while flicking a cigarette lighter. Officials at the time said it was the 10th deadliest nursing home fire in U.S. history. Andino was charged with 16 counts of arson murder, but was found incompetent to stand trial and committed to a psychiatric hospital.
Relatives of 13 of the 16 victims sued the nursing home's operator for cash damages, saying it failed to adequately supervise Andino. Hartford Superior Court Judge Marshall K. Berger Jr. ruled in 2009 that Greenwood's insurance policy with Lexington provided $250,000 in coverage for each plaintiff and the policy's maximum coverage was $10 million.
But Lexington Insurance appealed Berger's decision, saying that the $10 million was the total coverage for all seven nursing homes run by Greenwood's operator and that each home was insured up to $1 million.
In a decision written by Chief Justice Chase T. Rogers, the Supreme Court's majority found that each plaintiff actually was eligible for up to $500,000 from the insurance policy if they won their lawsuit, but that the policy's total coverage was limited to $1 million. |
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Probe of well-connected truck stop chain may widen
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2013/05/30 11:03
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The federal investigation into the truck stop chain owned by the family of Tennessee Gov. Bill Haslam and Cleveland Browns owner Jimmy Haslam led to its first convictions this week and threatens to widen against employees at Pilot Flying J.
Court documents allege that sales teams were being trained on how to scam the company's customers out of rebates and get away with it.
Pilot's regional sales director and regional accounts representative both pleaded guilty Wednesday to conspiracy to commit mail fraud. The pleas were entered in U.S. District Court in Knoxville. Prosecutors have offered to recommend a much lighter sentence for both employees provided they cooperate with federal investigators and reveal the extent of how many people in the company knew about the fraud.
The Knoxville-based chain is run by CEO Jimmy Haslam, the brother of Tennessee Gov. Bill Haslam. Pilot Flying J, the country's largest diesel retailer with annual revenues of $31 billion, was founded by their father.
Jimmy Haslam has denied any wrongdoing and has suspended several members of the sales team, but he has declined to identify exactly who has been suspended. An affidavit unsealed last month shows that a Pilot employee was secretly recorded saying Jimmy Haslam knew what sales people were doing, though he has denied knowing of any fraud. |
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Court backs student in textbook copyright case
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2013/03/25 15:07
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The Supreme Court ruled Tuesday that textbooks and other goods made and sold abroad can be re-sold online and in discount stores without violating U.S. copyright law. The outcome was a huge relief to eBay, Costco and other businesses that trade in products made outside the U.S.
In a 6-3 opinion, the court threw out a copyright infringement award to publisher John Wiley & Sons against Thai graduate student Supap Kirtsaeng, who used eBay to resell copies of the publisher's copyrighted books that his relatives first bought abroad at cut-rate prices.
Justice Stephen Breyer said in his opinion for the court that once goods are sold lawfully, whether in the U.S. or elsewhere, publishers and manufacturers lose the protection of U.S. copyright law. |
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Fed. court orders resentencing in Arkansas bombing
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2012/12/10 12:58
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An Arkansas doctor sentenced to life in prison for a 2009 bombing that nearly killed the head of the state medical board should be resentenced on some convictions, a federal appeals court ruled Thursday.
A jury convicted Randeep Mann, 54, in 2010 of conspiring to use a weapon of mass destruction and other charges. The Feb. 4, 2009, bomb attack took away Dr. Trent Pierce's sense of smell and left him blind in one eye and deaf in one ear.
Mann's attorneys appealed his convictions and sentences, arguing there wasn't enough evidence to convict him.
The 8th U.S. Circuit Court of Appeals said Thursday that Mann shouldn't have received a sentencing enhancement based on allegations that he ordered the assault of an inmate. The panel said the allegation was never brought up in court and was improperly referenced in a pre-sentencing report.
"The only reference in the record to Mann ordering the assault of a federal inmate is contained in a bench conference that occurred at trial between the district judge and the attorneys," the appeals court opinion said. |
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Use new drug sentencing law in crack cases
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2012/06/21 11:40
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The Supreme Court says criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of newly reduced sentences.
Corey A. Hill and Edward Dorsey were arrested in 2007 and 2008 for selling crack cocaine and faced mandatory 10-year sentences in Illinois. But they weren't sentenced until after the Fair Sentencing Act went into effect in August 2010. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.
Justice Stephen Breyer said in a 5-4 decision Thursday that the courts should have used the new law to sentence the two men.
Chief Justice John Roberts, and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented.
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Accused Auburn shooter in court on 3 murder counts
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2012/06/14 09:49
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The man charged in three slayings near Auburn University has had three attorneys appointed for him after telling a judge he cannot afford to pay for his legal defense.
Desmonte Leonard had his first appearance before a judge in Opelika, Ala., on Thursday morning. He's facing three counts of capital murder and two assault charges in the shootings last weekend.
The dead included two former Auburn football players, and a current player was among the three injured.
The 22-year-old Leonard told a judge he can't afford to pay for a legal defense. So the judge appointed three Montgomery attorneys to represent Leonard at taxpayer expense.
Leonard says he understands the charges against him. Leonard was chained at his hands and feet during the brief appearance and is jailed without bond. |
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