“Amy Lotven of the trade publication Inside Health Reform reports that before insurers agreed to sell…
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Insurance Companies Got CMS Okay to Cancel Policies If ObamaCare Subsidies Invalidated

“Amy Lotven of the trade publication Inside Health Reform reports that before insurers agreed to sell coverage through the Patient Protection and Affordable Care Act’s health insurance Exchanges in 2015, they demanded that the federal Centers for Medicare and Medicaid Services explicitly agree to let them cancel policies if any of the Halbig cases succeed in blocking the subsidies that carriers had been receiving in the 36 states whose ObamaCare Exchanges were not, as [ObamaCare] requires before subsidies can flow, ‘established by the State’”, writes Michael Cannon.

You’ll recall that there is a big fight over whether the Obama administration is blatantly violating its own law by making subsidies available to people who don’t qualify under the statute. And, as Cannon…[more]

October 22, 2014 • 02:43 pm

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Jester's CourtroomLegal tales stranger than stranger than fiction: Ridiculous and sometimes funny lawsuits plaguing our courts.
Jester’s Courtroom
Identity Thief
Wednesday, October 22 2014

A Michigan man is behind bars after robbing a Bank of America branch and leaving some helpful evidence behind: his ID card.

Rashah Amin Dean was charged by federal prosecutors with bank robbery after he was captured a short time after the police found his ID card in the grass outside the bank and matched his photo on the ID to the description of the robber caught on bank surveillance video.  According to news sources, Dean was arrested a short time later during a traffic stop. Prior to being taken into custody, Dean allegedly ingested a large amount of cocaine, prompting officers to take Dean to the hospital for observation, where he admitted robbing the bank of $8,000 to pay off a $5,000 debt to drug dealers.

A subsequent search of two residences frequented by Dean resulted in police evidence of several thousand dollars, narcotics, a handgun and a Detroit Pistons ball cap that matched a cap worn by the robber.

Source: mlive.com

Flying in the Face of Common Sense
Wednesday, October 15 2014

Red Bull energy drink company recently agreed to a settlement in a class action lawsuit accusing the beverage maker of false advertising because its slogan "Red Bull Gives You Wings" is inaccurate.

According to news reports, Red Bull agreed to pay consumers to settle the lawsuit filed in 2013 in the U.S. District Court of the Southern District of New York by Red Bull drinker Benjamin Careathers. In the class-action suit, Careathers alleged the energy drink did not meet the company's claim of boosting performance and reaction speed.

“Such deceptive conduct and practices mean that [Red Bull’s] advertising and marketing is not just ‘puffery,’ but is instead deceptive and fraudulent and is therefore actionable,” the suit says.

If the $13 million settlement is approved at a final hearing next spring, anyone who purchased at least one can of Red Bull between January 1, 2002, and October 3, 2014, will be eligible to receive either $10 cash or $15 worth of Red Bull products; no proof of purchase will be required.

"Red Bull denies any and all wrongdoing or liability and maintains that its marketing and labeling have always been entirely truthful and accurate," legal documents state.

Source:  Huffingtonpost.com

This Lawsuit Is Ridiculous, Bar None
Tuesday, October 07 2014

A group of law school graduates are suing a Florida software company claiming they experienced stress and anxiety when the computer program through which they were to submit their bar exams online malfunctioned.

ExamSoft Worldwide Inc. apologized for the snafu and said deadlines in all states had been extended. Nonetheless, five law students who say they experienced stress over whether their exams uploaded say it wasn't fair and that's why they are suing.

“You spend two months preparing for the exam, it’s grueling,” Catherine Booher, one of five students suing the company, told news sources. “You relearn everything you learn in law school.”

The problem even triggered two hashtags on social media: #Barmageddon and #Bargazhi.

It's not clear how many exam-takers were affected by the malfunction. The North Carolina Board of Law Examiners confirmed that everyone who took the July exam in North Carolina successfully uploaded their answers.

“The delay in processing did not relate to, or impact, answer content, and we are therefore very confident in the integrity of your state submissions,” a statement from ExamSoft reads. “To accommodate for the delays, we worked with state jurisdictions to extend your upload deadlines as needed and tried our best to communicate those extensions.”

“I think it’s absolutely ridiculous that they’re not issuing refunds,” Booher said, noting the software cost her $125.

Source: abcnews.com

A Royal Pain for Disney
Tuesday, September 30 2014

An author is seeking $250 million in damages from Disney, claiming the $1 billion box office animated hit film "Frozen" was plagiarized from her book.

In her lawsuit against entertainment giant Disney, author Isabella Tanikumi -- who also goes by L. Amy Gonzalez -- lists 18 "Frozen" elements that are similar to those included in her 2010 autobiography, "Living My Truth," including a story of two sisters, a village, betrayal, open doors/gates, and a "moon setting." In addition to monetary damages, the lawsuit seeks to have Disney "cease and desist from any and all sales, distribution and marketing of 'Frozen' in any media format."

"Ms. Tanikumi is a very private individual and does not wish to be interviewed at this time," Tanikumi's attorney, William T. Anastasio told news sources. "As the case moves through the courts, I am sure more information will become available concerning her claims."

Disney claims the animated blockbuster is loosely based on Hans Christian Andersen's fairy tale "The Snow Queen." When asked for comment, a Disney spokeswoman responded, "This is beyond ridiculous, she needs to let it go."

Source: money.cnn.com

Time Out
Wednesday, September 24 2014

A Manatee County (Florida) mother is criticizing her local school district for shortening recess time for elementary school students.

According to news reports, the mother, who happens to be an estate lawyer, is considering a lawsuit after her third grader came home from school "stressed and upset" because she did not have recess. The mother plans to bring a motion before the school board to restore recess time in all elementary schools.

The school district maintains that all students are getting the required amount of time for physical activity each week, but acknowledges that recess time may have been shortened if the students are getting more physical education time. The mother counters that parents were never told about a plan to reduce recess time.

Source: The Bradenton Herald (FL)

Question of the Week   
Voters in how many states will be asked in the November 2014 mid-term elections to accept or reject state-wide ballot measures to legalize the recreational use of marijuana?
More Questions
Quote of the Day   
"The public-health profession has a clear political orientation, so it's quite possible that its opposition to a visa and travel moratorium is influenced as much by belief in America's responsibility for the postcolonial oppression of Africa, and suspicion of American border enforcement, as it is by a commitment to public-health principles of containment and control. (African countries, unburdened…[more]
—Heather Mac Donald, Manhattan Institute Fellow and City Journal Contributing Editor
— Heather Mac Donald, Manhattan Institute Fellow and City Journal Contributing Editor
Liberty Poll   

In dealing with deadly and difficult-to-curtail infectious diseases such as Ebola, should government-imposed travel bans and quarantines supersede civil liberty and other concerns?