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Supreme Court to Hear Case on 1st Amendment and Privacy.

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In NASA vs. Nelson, the Supreme Court will address the question, “Can the government require employees, including private contract workers, to reveal personal details such as past drug use?” NASA is contesting a privacy ruling won by 28 Caltech employees who work at the Jet Propulsion Laboratory in La Canada Flintridge.

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Two Privacy Bills on the Move in California

Two privacy-related bills are on the move in California. The California Genetic Information Privacy Act would prohibit Used with Permission from FreeDigitalPhotos.netthe unauthorized collection, testing and distribution of DNA data. “We have laws to protect the privacy of our financial information, our medical records and even the books we check out from the local library,” said the bill’s author, State Sen. Alex Padilla (D-Pacoima), adding, “We need genetic privacy protections because nothing is more personal than our DNA.” The bill passed the Senate Judiciary Committee on Tuesday, according to a GovTech report. Meanwhile, the California Location Privacy Bill passed the Senate Public Safety Committee earlier this week after a certain disclosure provision was removed Civil Litigation Law Firm - Litigation Lawyer in NY http://civil-lawyer-in-nyc.blogspot.com/2018/02/civil-litigation-law-firm.html https://www.youtube.com/playlist?list=PLCYxwHv2xiPqZ7dF...

Civil Litigation Law Firm

Civil Litigation Law Firm https://www.youtube.com/playlist?list=PLCYxwHv2xiPqZ7dFgpIbed933BlicqYKc&disable_polymer=true http://bit.do/litigation-law-firm http://bit.do/litigation-lawyers http://litigation-lawyers-deloitte-legalce.lawyersinus.com https://blog.lawyersinus.com/?s=litigation+law+firm http://bit.do/litigation-law-firms-nyc-litigation-law-firms-nyc http://tinyurl.com/litigation-law-firm-litigation https://www.youtube.com/watch?v=HiPCvnVRrME http://bit.do/litigation-law-firms-nyc-litigation-law-firms-nyc Deloitte Legalce What is a civil litigation lawyer? - Civil Litigation Lawyer de Attorneys & Lawyers in USA 2:12 Más Motion for summary judgment in lieu of complaint New York de Attorneys & Lawyers in USA 2:11 Más What is...

Claim Remanded To Claims Administrator Initially Terminated Before Providing Participant With Requested Plan Documents

An employee submitted a claim for benefits through his employer’s ERISA governed disability plan. After approving the payment of both short-term and long-term disability benefits, MetLife requested that the participant apply for Social Security benefits. Through her attorney, the participant requested that MetLife provide all information relating to plaintiff’s claim, including a copy of the Plan, policy, summary plan description and copies of all internal notes concerning MetLife’s consideration of plaintiff’s claim. Travelers Insurance, the plaintiff’s employers and plan administrator, took the position that the plan documents were not to be disclosed absent a subpoena and directed MetLife to not comply. Upon instructions by Travelers, MetLife subsequently terminated benefits for failure to apply for Social Security benefits and for failure to provide proof of continuing disability. While criticizing the conduct of all parties during the claim review process, the District Court stat...

ONC Seeks Public Comment on Federal Health IT Strategic Plan

The Office of the National Coordinator for Health Information Technology (ONC) is requesting public comment on its Federal Health Information Technology Strategic Plan: 2011-2015. ONC updated the Plan (last published in 2008) to reflect the major changes to health IT policy contained in the HITECH Act and the Affordable Care Act. The Plan, which reflects ONC’s strategy for realizing Congress’s and the Administration’s health IT agenda over the next five years, focuses on, among other things, new privacy and security protections for electronic health records. Specifically, Goal III of the Plan highlights efforts to update the government’s approach to privacy and data security issues related to health IT and to foster greater confidence and trust in electronic health records and health information exchange among providers and the public. These efforts will include a major investment in education and outreach strategy to improve the public’s understanding of electronic he...

Personal Injury - Product Defects

Generally, there are three bases for consideration in evaluating, presenting and litigating a product liability case. They are: Manufacturing defect Defective design Failure to warn The types and locations of defective products that exist, and that people are exposed to, are all around us, at home, at work, and where we exercise, socialize, and play. These include: Combustible appliances Unsafe children’s toys Toxic cleaning products Defective smoke detectors Poorly manufactured furniture Unsafe baby cribs, or other baby equipment Unsafe household tools Unsafe healthcare products or pharmaceuticals With regard to automobiles, defective products or parts can include door latches, steering mechanisms, seat belts or gas tanks. In the evaluation and investigation of a product liability case, the potential defendants responsible for injury include: The designer The distributor The manufacturer The retailer The supplier Statute of Limitations in Product Defect Cases. Th...

The End of Discretionary Authority in Montana?

A ruling by District Court Judge Donald Molloy may signal the end of discretionary authority for ERISA plans in Montana. Standard Insurance Company brought suit against John Morrison, the Insurance Commissioner for the State of Montana. Morrison had implemented a state-wide policy disapproving ERISA plans that contained any clauses that conferred discretionary authority to the plan/claims administrator, which would give rise to a more deferential judicial standard of review when the decision of the plan/claim administrator is challenged in the district court. Standard Insurance argued Morrison’s actions were pre-empted by ERISA and exceeded his authority. However, the court found neither argument persuasive and stated that there was no law granting Standard the right to a particular standard of review. The court reasoned that “ERISA’s Savings Clause recognized the traditional role of states in regulating insurance on behalf of state citizens and in accordance with state public pol...

Supreme Court Upholds the Individual Mandate

This morning, the Supreme Court issued its highly anticipated decision on the constitutionality of portions of the Affordable Care Act (Nat. Fed’n Indep. Business v. Sebelius, Florida v. Dept. of HHS; and Dept. of HHS v. Florida). The majority of the Court concluded the following on the key questions in the case — 1. The individual mandate is constitutional as an exercise of Congress’ power under the Taxing Clause (although it could not be upheld based on the Commerce Clause and the Necessary and Proper Clause). 2. The expansion of Medicaid to additional populations is constitutional, but the federal government cannot withhold existing (non-expansion) Medicaid funds for non-compliance with the expansion requirements. The majority opinion was authored by Justice Roberts. Justice Ginsburg authored a concurring opinion on behalf of herself, Justice Sotomayor and (in part) Justices Breyer and Kagan; the concurring Justices would have also upheld the individual mandate as an exercise o...

ACI Conference on Litigating Disability Insurance Claims

12th National Advanced Forum on Litigating Disability Insurance Claims took place on June 15-16, 2009 at the Hyatt Regency in Boston Massachusetts. Attached is a copy of the conference paper authored by M. Scott Koller and Robert McKennon titled: Disability / ERISA Litigation Insurance Law Update for 2009. Civil Litigation Law Firm - Litigation Lawyer in NY http://civil-lawyer-in-nyc.blogspot.com/2018/02/civil-litigation-law-firm.html https://www.youtube.com/playlist?list=PLCYxwHv2xiPqZ7dFgpIbed933BlicqYKc&disable_polymer=true http://bit.do/litigation-law-firm http://bit.do/litigation-lawyers http://litigation-lawyers-deloitte-legalce.lawyersinus.com https://blog.lawyersinus.com/?s=litigation+law+firm http://bit.do/litigation-law-firms-nyc-litigation-law-firms-nyc http://tinyurl.com/litigation-law-firm-litigation https://www.youtube.com/watch?v=HiPCvnVRrME http://bit.do/litigation-law-firms-nyc-litigation-law-firms-nyc

Documents Reviewed by Independent Medical Examiner Sufficient to Satisfy Plan Obligation to Consider All Relevant Documents

The United States Court of Appeals for the Ninth Circuit, in an unpublished decision, addressed the question of whether documents reviewed by an independent medical examiner, but not by the plan administrator, was sufficient to satisfy the Plan’s obligation to consider all relevant documents. Sun Sun Lin v. Mellon Long Term Disability Plan, 2010 WL 1917305 (Decided May 13, 2010). In Sun Sun Lin, the Mellon Long Term Disability Plan was administered by a Corporate Benefits Committee (“CBC”). The plaintiff, Sun Sun Lin (“Lin”), challenged the district court’s grant of summary judgment by arguing that CBC failed to give her a full and fair review of the denial of her claim for long term disability benefits. In making this argument, she relied on a statement from the Plan’s attorney “that the CBC did not directly consider those documents in making its determination to deny [Lin’s] claim,” but did “‘indirectly’ consider[ ] these documents to the extent they were reviewed and considered ...

Construction Site Accidents

By way of experience, the Law Office has been involved in handling numerous cases resulting from construction site accidents, including serious injuries involving may aspects of construction, including: Crane Accidents Vehicle accidents Scaffolding Collapses or Falls from Scaffolding Trench Collapses Scissors Lift Failure Falls through skylights Falls involving issues related to tying off on a high rise or rooftop Statute of Limitations The term Statute of Limitations refers to the amount of time a person has to sue for their injury. In California, the Statute of Limitations, generally, is two years from the date of the accident. This means that if a personal injury claim cannot be resolved without a lawsuit, the lawsuit must be filed within two years of the date of the accident. Otherwise, the opportunity for a recovery is lost altogether. If a claim or lawsuit is against a public entity (such as a City, the State of California, or a School District), there must be filed a ...

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