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  August 23, 2013

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Laws/Cases


 

 

Class Action Suit Filed against Florida for 'warehousing' Mentally Disabled

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A Florida state advocacy program claims the state violated the Americans with Disabilities Act by not providing mentally disabled patients eligible for community treatment with "adequate community placements." The lawsuit targets the Department of Children and Families and the Agency for Health Care Administration. As of Monday, neither agency had been served. The state plans to dismiss the complaint as it "fails to state a claim upon which relief can be granted."
Mary Ellen Klas, Miami Herald 08/22/2013   Facebook iconTwitter iconLinkedIn Icon

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Suit Involving San Diego Mayor Reaches Settlement

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On Wednesday, San Diego Mayor Bob Filner and the city reached a proposed settlement in a sexual harassment lawsuit. The lawsuit was filed by the mayor's former press secretary and has seen 18 women publicly accuse him of inappropriate behavior. The San Diego City Council has filed a cross-complaint against Filner hoping to recover any damages the city may incur during the lawsuit. The details of the proposed settlement has not yet been disclosed but will be presented to the San Diego City Council in closed session on Friday.
Marty Graham, Reuters 08/22/2013   Facebook iconTwitter iconLinkedIn Icon

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KFC Denies Iraq Vet Because of Service Dog

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An Iraq War veteran and Ground Zero worker claims employees at a KFC in the Bronx denied him service because of his service dog. The veteran suffers from PTSD and requires the service dog for balance and to ease his panic attacks. Upon entering the KFC he was told that there are no dogs allowed and was denied service. The plaintiff claims the experience “humiliated him and exacerbated his PTSD†and is suing for $1 million in Manhattan Federal Court.
Daniel Beekman, New York Daily News 08/22/2013   Facebook iconTwitter iconLinkedIn Icon

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Molestation Suspect Rehired by Former Employer

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A lawsuit against a 28-year old California man has been filed by the parents of a girl who says she was molested while attending a summer church camp. The defendant was fired by a San Jose church three separate times for inappropriate behavior with children. The lawsuit alleges when the summer camp asked the church about the defendant, a church official gave him a good recommendation and said she would hire him again. The defendant was arrested in 2011 and “charged with 30 felony counts of lewd and lascivious acts on a child under 14†and is awaiting his trial in the criminal case. He is set to appear in court on Monday.
Mark Gomez, San Jose Mercury News 08/23/2013   Facebook iconTwitter iconLinkedIn Icon

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Kentucky Employer Fails to Pay Health Care Premium

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Three Kentucky women have filed a class-action suit against several health care firms claiming their employer did not pay the health care premium, causing the plaintiffs to run up thousands of dollars in medical expenses. The plaintiffs also say employers did not contribute to their 401(k) plans. One of the defendants says her company was dealing with financial trouble and was no longer able to pay for employees' health care. The defendant claims she borrowed $154,000 to cover the employees' unpaid health insurance and has laid off about 30 employees to insure sufficient funds in the future.
Jim Warren, Lexington Herald-Leader 08/23/2013   Facebook iconTwitter iconLinkedIn Icon

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Issues


 

 

On-the-Job Death Toll Declines in U.S., Jumps in Texas

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Fewer workers died on the job last year across the nation, but that wasn't the case in Texas. On-the-job fatalities jumped nearly 23% across the state last year, according to preliminary data released Thursday by the U.S. Bureau of Labor Statistics. Nearly all of the increase came from a spike in the number of transportation-related deaths. Last year, 258 workers - a group that includes long-distance truckers as well as sales representatives going to client meetings - died in transportation-related incidents. That's up from 168 a year earlier. Overall, Texas lost 531 workers in 2012, compared with 433 workers the previous year, the agency reported.
L.M. Sixel, Houston Chronicle 08/23/2013   Facebook iconTwitter iconLinkedIn Icon

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Healthcare


 

 

Despite Additional Dollars, Doctor Shortage Hard to Fix

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Texas lawmakers invested millions of additional dollars in the 2013 legislative session to address a looming physician shortage. Voters and university regents have rubber-stamped plans to open two new medical schools, in Austin and the Rio Grande Valley. But those moves have not placated the medical community, which remains concerned that Texas has no long-term solution to produce enough physicians, particularly in primary care, to support the surging population.
Becca Aaronson, Texas Tribune 08/23/2013   Facebook iconTwitter iconLinkedIn Icon

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Wrongful Death


 

 

Wrongful Death Suit Filed over Unsafe Aircraft

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A Los Angeles law firm has filed suit against a California-based aircraft manufacturer claiming wrongful death. Since the early 90's, the company has seen an extensive amount of deaths involving their helicopters. While the defendant claims that the deaths are due to “pilot error,†the plaintiff cites the defective rotor blades and fuel tanks as the cause. The defendant has previously settled five similar suits.
Nick Green, Daily Breeze 08/23/2013   Facebook iconTwitter iconLinkedIn Icon

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