August 7, 2007

TTLA EClips
TTLA Home Search Litigation Bank About August 07, 2007
Lawsuit Claims Insurers Overbilled Government
Florida Homestead Law Upheld
Workers Seek Access to Contaminated Records
California to Grade Insurers
Proposed Law Asks Employers to Pay All Health Costs
Mine Collapse Tied to Hazardous Mining Technique
Accuracy of Popular Thermometers Questioned
Austin Court of Appeals: Workers’ Compensation
Corpus Christi Court of Appeals: Civil Practice
Beaumont Court of Appeals: Civil Practice
Study: Language Barriers Block Patient Safety
 
 
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Laws/Cases
Lawsuit Claims Insurers Overbilled Government
A lawsuit that alleges insurers defrauded the federal government by overbilling for flood damages from Hurricane Katrina was unsealed by a judge on Monday. The lawsuit, filed on behalf of two women who worked for a company that contracted with State Farm Insurance, accuses insurers of pressuring engineering firms to falsify damage reports. The Department of Justice is currently investigating whether to intervene in the case    AP, Houston Chronicle  08/07/2007
Read Article: Houston Chronicle  

Florida Homestead Law Upheld
A judge ruled Monday that a Florida law that places a cap on the assessed value of homesteads and shifts property taxes to non-homesteaders is constitutional. The lawsuit was filed by Alabama citizens who own homes in the Florida Panhandle. The lead attorney for the plaintiffs said that he plans to appeal the ruling.   Marc Caputo, Miami Herald 08/06/2007
Read Article: Miami Herald  

Workers Seek Access to Contaminated Records
Workers seeking federal compensation for exposure to nuclear radiation are asking that contaminated documents from the plant where they worked be exhumed to help prove their case. The cancer-stricken workers contend that the documents would help reconstruct the amount of radiation they were exposed to at the nuclear weapons plant. Government health officials have decided that the records are not necessary to assess radiation levels.      AP, Cleveland Plain Dealer  08/06/2007
Read Article: Cleveland Plain Dealer


INSURANCE

California to Grade Insurers
California officials announced plans on Monday to create a grading system to gauge the quality of care and patient satisfaction for the state’s six largest preferred provider organizations, or PPOs. The California Department of Insurance hopes that the program will provide consumers with more data on the quality of their insurance coverage and increase industry oversight. Some fear that the proposed plan will not significantly affect the practices of insurers.   Daniel Costello, LA Times   08/06/2007
Read Article: LA Times  

Proposed Law Asks Employers to Pay All Health Costs
The Texas Association of Health Underwriters is expected to announce a proposed change in state insurance law that would require employers to pay 100 percent of employee health premiums. According to the insurance group, the change would drive down the health insurance costs in the state. Business leaders have criticized the plan as burdensome and ultimately detrimental to employees.  Jason Roberson, The Dallas Morning News   08/07/2007
Read Article: The Dallas Morning News  

ISSUES

Mine Collapse Tied to Hazardous Mining Technique
The collapse of a Utah coal mine that trapped six miners Monday has been linked to a dangerous mining method. According to federal studies, the method, known as “retreat mining,” has a history of causing deadly collapses. From 1999 to 2001, almost 30 percent of deaths from mine collapses were related to retreat mining, a study by the National Institutes of Occupational Safety and Health found.   Seth Borenstein, The Washington Post    08/06/2007
Read Article: The Washington Post  


PRODUCTS

Accuracy of Popular Thermometers Questioned
Athletic trainers and doctors are concerned that decreased accuracy in infrared thermometers may put athletes at an increased risk of heatstroke. According to a recent test, the thermometers often produce lower temperature readings which may deprive patients of critical care. The devices, popular for their convenience, measure body heat from the ear or forehead.   Barnaby J. Feder, The New York Times 08/07/2007
Read Article: The New York Times  

TEXAS LAWYER CASE SUMMARIES

Austin Court of Appeals: Workers’ Compensation
No evidence supported the jury's finding that Liana Leordeanu sustained a compensable injury under the Texas Workers' Compensation Act. American Protection Insurance Co. v. Leordeanu, Austin Court of Appeals, No. 03-06-529-CV, 8-2-2007.  Texas Lawyer Opinions (TTLA Members Only) 08/07/2007
Read Article: Texas Lawyer Opinions (TTLA Members Only)  


Corpus Christi Court of Appeals: Civil Practice
Christus Spohn Health System Corp. waived arbitration by substantially invoking the judicial process to its opponents' detriment. In Re: Christus Spohn Health System Corp., Corpus Christi Court of Appeals, No. 13-07-399-CV, 7-31-2007.    Texas Lawyer Opinions (TTLA Members Only)08/07/2007
Read Article: Texas Lawyer Opinions (TTLA Members Only)  


Beaumont Court of Appeals: Civil Practice
Civil Practice -- The trial court erred in refusing to allow the Thompsons to withdraw the deemed admissions and in granting summary judgment based solely upon the deemed admissions. Thompson v. Woodruff, Beaumont Court of Appeals, No. 09-05-511 CV, 8-2-2007.    Texas Lawyer Opinions (TTLA Members Only)08/07/2007
Read Article: Texas Lawyer Opinions (TTLA Members Only)  


 

STUDY

Study: Language Barriers Block Patient Safety
New research has found language difference to be a significant barrier to pharmacists communicating with their patients. The study revealed that almost half of the pharmacies surveyed could not always provide patients with non-English-language prescription instructions. Researchers involved in the study note that language barriers present a significant obstacle to patient safety.    Jeffery Perkel, The Washington Post 08/06/2007
Read Article: The Washington Post  

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