TrialSmith Eclips • TrialSmith Home • Search Litigation Bank • About April 23, 2009 -  Lawmaker Calls for Probe of AIG's Handling of Contractor Claims -  Elections Threaten Judicial Impartiality, O'Connor Says -  Governor Vetoes Restrictions on Use of Settlement Money -  Board Critical of Bus Safety Oversight -  Products Liability at Heart of 3rd Circuit Prediction -  Nevada Passes Bill to Lift Malpractice Cap -  Supreme Court Weighs Racial Discrimination Case -  Justices Make it Harder for Vets to Challenge Denied Claims     This Service Sponsored Exclusively by The James Street Group A Member Service of TrialSmith.com   Insurance Lawmaker Calls for Probe of AIG's Handling of Contractor Claims House Democrats may investigate whether the American International Group Inc. and other insurers tasked with providing coverage for civilian contractors in Iraq and Afghanistan have wrongly denied or delayed claims from injured workers, the Los Angeles Times reports. In a letter to the chairman of the subcommittee on domestic policy, Rep. Elijah E. Cummings called for a probe into AIG’s handling of a taxpayer-finance workers’ compensation program. One analysis determined that AIG had denied 44 percent of all serious injury claims from civilian contractors working overseas.  T. Christian Miller, LA Times  04/22/2009 Read Article: LA Times     Issues Elections Threaten Judicial Impartiality, O'Connor Says Popular judicial elections could threaten public trust in the judiciary, retired U.S. Supreme Court Justice Sandra Day O’Connor told lawmakers and attorneys this week. Speaking before the St. Joseph County Bar Association, O’Connor said she fears that judge are less effective and subject to politician pressure if they fear their decisions might dictate how long they will stay in office. Merit-based selection is the best strategy to maintain an independent and impartial judiciary, according to O’Connor.  Tom Coyne, Chicago Tribune  04/23/2009 Read Article: Chicago Tribune     Laws/Cases Governor Vetoes Restrictions on Use of Settlement Money Oklahoma Governor Brad Henry on Wednesday vetoed a bill that would prevent lawyers from using settlement money to contribute to candidates, lobbying groups or political action committees. Henry said the legislation, which would have applied only to attorneys, would have violated the state constitution. Henry said he is open to a comprehensive bill covering all businesses and professions.  Michael McNutt, Oklahoma City Oklahoman  04/23/2009 Read Article: Oklahoma City Oklahoman     Board Critical of Bus Safety Oversight Federal safety investigators criticized the National Highway Traffic Safety Administration Monday for failing to enact tougher standards for the commercial bus industry. Citing a deadly 2008 rollover crash in Utah, The National Transportation Safety Board, the federal agency charged with investigating major transportation accidents, said the NHTSA has been to slow to implement longstanding safety recommendations for commercial buses. The 2008 bus accident killed nine passengers and injured 43 others.  Sholnn Freeman, The Washington Post  04/22/2009 Read Article: The Washington Post     Products Liability at Heart of 3rd Circuit Prediction A federal appeal court is predicting that the Pennsylvania Supreme Court will adopt portions of a legal treatise to help clarify state products liability law. According to a panel from the 3rd U.S. Circuit Court of Appeals, the state Supreme Court will take on Sections 1 and 2 of the American Law Institute's Restatement (Third) of Torts in restricting claims to "intended users."  Amaris Elliot-Engel, Law.com  04/23/2009 Read Article: Law.com     Nevada Passes Bill to Lift Malpractice Cap Nevada lawmakers on Monday passed legislation that aims to do away with a $350,000 cap on non-economic medical malpractice damages. Under the bill, plaintiffs could recover unlimited damages in instances of gross negligence. Support for the issue gained momentum following a widespread Hepatitis C scare last year.  David McGrath Schwartz, Las Vegas Sun  04/20/2009 Read Article: Las Vegas Sun     Supreme Court Weighs Racial Discrimination Case In a case characterized by one justice as a “damned if you do, damned if you don’t situation,” the Supreme Court heard arguments Wednesday over how race may be considered in employment situations. The case stems from a lawsuit filed by white firefighters who claimed discrimination after their promotions were thrown out when city officials determined that the examination yielded no promotions for black firefighters. The case is Ricci v. DeStefano.  Adam Liptak, The New York Times  04/22/2009 Read Article: The New York Times     Justices Make it Harder for Vets to Challenge Denied Claims The Supreme Court on Tuesday struck a blow to veterans seeking to dispute medical claims denied by the Veterans Affairs Department. Reversing a lower court decision, the justices found that veterans must prove that any alleged mistakes made by the VA ultimately resulted in the denial of their claims. The lower court had ruled that the burden was on the VA. The case is Shinseki v. Sanders.  AP, Las Vegas Sun  04/21/2009 Read Article: Las Vegas Sun     Published by TRIALSMITH, Litigation Tools for Trial Lawyers