Supreme Court examines Kentucky's medical review panels

Topics in Legal News 2018/08/11 23:18   Bookmark and Share
After Ezra Claycomb was born with severe brain damage and cerebral palsy, his mother considered filing a medical malpractice lawsuit. But in 2017, Kentucky's Republican-controlled legislature passed a law requiring all such lawsuits first be reviewed by a panel of doctors.

The law gave the panel nine months to issue an opinion on whether the lawsuit is frivolous — yet section 14 of Kentucky's Constitution says every person has access to the courts "without ... delay."

Claycomb's parents sued to block the new law, making Kentucky the latest state to have its medical review panels challenged in court.

A circuit judge agreed the law was unconstitutional. But Republican Gov. Matt Bevin appealed that decision to the state Supreme Court, which heard arguments Wednesday.

"This is a modern day version of the poll tax," said attorney J. Guthrie True, who represents Claycomb in a lawsuit he says has class action status to represent all patients. "This has one purpose, and that is to obstruct the courthouse door."

Matthew Kuhn, an attorney for the governor, said the state Constitution's ban on delaying access to the courts only applies to the court system itself. It does not apply to the legislature, which he says has the power to impose rules on the court system. He noted Kentucky has other laws that limit when people can file lawsuits. For example, heirs wanting to sue the executor of an estate must wait at least six months after the executor has been appointed before they can do so. Kuhn says that law has never been challenged.

Kuhn said the medical review process is helpful because it gets the two sides talking before a lawsuit is filed, which could jumpstart settlement discussions. It also makes sure both sides have all the evidence collected before they go to a judge.

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Court tosses challenge to Virginia's 'habitual drunkard' law

Legal Insight 2018/08/10 23:18   Bookmark and Share
A federal appeals court has thrown out a lawsuit challenging a Virginia law that allows police to arrest and jail people designated by courts as "habitual drunkards" if they are caught with alcohol.

The unanimous ruling Thursday by a three-judge panel of the 4th U.S. Circuit Court of Appeals upholds a lower court judge who dismissed the lawsuit last year. But one of the judges criticized the law, saying it "criminalizes the otherwise legal behavior of individuals suffering from a serious illness."

The Legal Aid Justice Center argued in its lawsuit that the law is used to punish homeless alcoholics who have nowhere else to drink but in public.

Virginia's attorney general argued that the state has a legitimate interest in discouraging alcohol and drug abuse.
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Myanmar snubs Hague court's intervention in Rohingya crisis

Court News 2018/08/09 23:18   Bookmark and Share
Myanmar has sharply rejected an attempt by the International Criminal Court to consider the country's culpability for activities that caused about 700,000 minority Rohingya Muslims to flee to Bangladesh for safety.

The office of State Counsellor Aung San Suu Kyi, the country's leader, said Thursday that the court in the Netherlands has no jurisdiction over Myanmar because it is not a member state.

It also offered procedural reasons for why it would not respond to the court's request for its views on the exodus of the Rohingya.

Critics including U.N. experts have accused Myanmar's military of atrocities against the Rohingya amounting to ethnic cleaning, or even genocide. Suu Kyi's government says it was carrying out justifiable counterinsurgency operations.

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Lawyers ask US Supreme Court to stay Tennessee execution

Headline Legal News 2018/08/08 23:18   Bookmark and Share
Attorneys are asking the U.S. Supreme Court to stay the looming execution of a convicted child killer after the Tennessee Supreme Court and governor decided against a delay.

In a filing Tuesday, federal public defender Kelley Henry and attorney Carl Gene Shiles Jr. wrote that Billy Ray Irick should get a stay of Thursday's scheduled lethal injection while a challenge of the state's protocol continues on appeal.

The state Supreme Court wrote Monday that Irick's attorney didn't meet the burden of proving the lawsuit challenging Tennessee's new three-drug cocktail is likely to succeed. Gov. Bill Haslam said Monday he won't intervene.

Protesters demonstrated Tuesday, urging Haslam to stop the execution.

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N Carolina Supreme Court candidate sues over party label law

Lawyer Blog Post 2018/08/06 12:50   Bookmark and Share
A North Carolina Supreme Court candidate has made good on his threat to sue Republican legislators to challenge a law finalized over the weekend preventing him from having his party designation next to his name on the November ballot.

Chris Anglin filed a lawsuit Monday against Republican legislative leaders and elections officials in state court. He wants the law declared unconstitutional and his GOP designation retained.

The law prevents judicial candidates from having party labels next to their names if they changed affiliations less than 90 days before filing. Anglin switched from a Democratic affiliation three weeks before filing.

Anglin says the law gives unfair benefit to opponent Justice Barbara Jackson, who will have a Republican label. The race's other candidate — Anita Earls — will have a Democratic label.
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Filing period opens for West Virginia Supreme Court seat

Headline Legal News 2018/08/06 12:50   Bookmark and Share
The filing period has begun for a special election for the West Virginia Supreme Court.

The filing period for the unexpired seat of former Justice Menis Ketchum started Monday and runs through Aug. 21. The special election will be held concurrently with the Nov. 6 general election.

Candidates must be at least 30 years old, residents of West Virginia for at least five years and admitted to practice law for at least 10 years.

Ketchum announced his retirement last month. He had two years remaining in his term.

Last week prosecutors said Ketchum has agreed to plead guilty in federal court to one count of wire fraud stemming from the personal use of state-owned vehicles and fuel cards. He faces a plea hearing and up to 20 years in prison.
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