Court: $1M coverage for Conn. fire victim families

Lawyer Blog Post 2013/06/11 08:59   Bookmark and Share
Families suing the operator of a Hartford nursing home where 16 patients died in a 2003 fire suffered a setback Monday, when the Connecticut Supreme Court ruled that the home's insurance coverage was $1 million instead of the $10 million claimed by the victims' relatives.

The justices' 3-2 decision reversed a lower court judge's interpretation of Greenwood Health Center's insurance policy in favor of the families. The high court instead found in favor of Boston-based Lexington Insurance Co., a subsidiary of American International Group Inc.

"It just seems completely inadequate," Van Starkweather, an attorney for one victim's family, said about the lower coverage figure. "I'm disappointed. It was a close decision. Three justices went with AIG. Two justices went with the victims."

A lawyer for Lexington Insurance declined to comment Monday.

The fire at Greenwood Health Center on Feb. 26, 2003, broke out after psychiatric patient Leslie Andino set her bed on fire while flicking a cigarette lighter. Officials at the time said it was the 10th deadliest nursing home fire in U.S. history. Andino was charged with 16 counts of arson murder, but was found incompetent to stand trial and committed to a psychiatric hospital.

Relatives of 13 of the 16 victims sued the nursing home's operator for cash damages, saying it failed to adequately supervise Andino. Hartford Superior Court Judge Marshall K. Berger Jr. ruled in 2009 that Greenwood's insurance policy with Lexington provided $250,000 in coverage for each plaintiff and the policy's maximum coverage was $10 million.

But Lexington Insurance appealed Berger's decision, saying that the $10 million was the total coverage for all seven nursing homes run by Greenwood's operator and that each home was insured up to $1 million.

In a decision written by Chief Justice Chase T. Rogers, the Supreme Court's majority found that each plaintiff actually was eligible for up to $500,000 from the insurance policy if they won their lawsuit, but that the policy's total coverage was limited to $1 million.
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Intel chair says NSA court order is renewal

Legal Interview 2013/06/10 10:13   Bookmark and Share
The chairwoman of the Senate Intelligence committee says the top secret court order for telephone records of millions of U.S. customers of Verizon is a three-month renewal of an ongoing practice.

Democratic Sen. Dianne Feinstein of California spoke to reporters at a Capitol Hill news conference on Thursday after the Obama administration defended the National Security Agency's need to collect the records.

Other lawmakers have said previously that the practice is legal under the Patriot Act although civil libertarians have complained about U.S. snooping on American citizens.
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Court OKs Class-action Suit Over Apartment Leases

Headline Legal News 2013/06/05 08:54   Bookmark and Share
An appeals court has certified a class-action lawsuit that seeks to invalidate provisions that are routinely included in apartment leases signed by University of Iowa students.

The Iowa Court of Appeals ruled Thursday that tenants of landlord Tracy Barkalow can have a trial to challenge lease provisions that critics say are illegal and unfairly shift costs and liability from landlords to tenants.

The provisions being challenged include fees that are deducted from security deposits for cleaning regardless of an apartment's condition and requirements that tenants pay for damage in common areas and routine repairs.

The Iowa City Tenants Project, which is representing the plaintiffs, has said the class could include 240 tenants but the case will have a broader reach since those provisions are the ``industry standard.''

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US Supreme Court orders 6 death row cases reviewed

Lawyer Blog Post 2013/06/04 09:01   Bookmark and Share
The U.S. Supreme Court on Monday sent the cases of six Texas death row inmates, including one of the infamous "Texas 7" gang of escapees, back to a lower court for reviews of whether attorneys in earlier stages of appeals let the men down.

The decisions are in line with last week's ruling in another Texas case where the justices, in a 5-4 vote, said a condemned prisoner had deficient legal help early because appeals lawyers didn't raise challenges that his trial lawyers were ineffective.

The high court returned the cases to the 5th U.S. Circuit Court of Appeals for review. None of the six has a pending execution date, although some had come close to being put to death in the past before their punishment was delayed by the courts.

Among the condemned prisoners is Donald Newbury, 51, one of seven inmates who broke out of a South Texas prison in 2000. One fugitive killed himself as Colorado authorities closed in on the gang. The remaining six were convicted of killing a suburban Dallas police officer Aubrey Hawkins during a Christmas Eve robbery in Irving in 2000. Two of the six already have been executed.
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San Diego Personal Injury Attorney - McDonnell Law

Press Release 2013/06/03 09:01   Bookmark and Share
When you or a loved one has been injured and need professional help with your personal injury case, McDonnell Law is here for you. Getting injured due to negligence can have serious consequences and should not be determine your future. It is important to hire a skilled attorney on your behalf to fight for every right to get justice served.We will answer all your concerns and questions regarding your specific case in order to determine if you are qualified to file for a personal injury lawsuit.

There is no case too big or too challenging for us, and we will give the attention you deserve. Our firm specializes in getting claims resolved and fighting for compensation rights is what we have been trained to do. Negligence should not be taken lightly and should not be the cause of someone else's suffering. McDonnell Law wants to advocate for your justice.

We handle all types of personal injury cases such as:

Car Accidents
Motorcycle Accidents
Truck Accidents
Defective Products
Medical Malpractice
Bicycle/Pedestrian Accidents
Wrongful Death
Slip & Fall Injuries
Premises Liability
Traumatic Brain Injury
Dog Bites

It doesn't need to be any more stressful during this difficult time. To help ease through the process, you need to know who to turn to for help. Many insurance companies may take advantage of the unstable state you may be in after a personal injury. Don't let this happen to you and be sure to contact an attorney to ensure that you maximize your financial reimbursement and get what you deserve. Personal injury matters can be complicated for you, but it doesn't have to be. We will worry about the technical components while you get sufficient time to deal with your physical and emotional trauma.

Located in beautiful San Diego, McDonnell Law practices in all areas of personal injury and is here to fight for your rights and to represent you in your case. No injury is too minor for us. McDonnell Law handles every case and every client with the attention they deserve and will work hard to get the results you want. Contact Attorney Xavier K.

Personal injury cases can impact you and your loved one's lives in a major way and cause emotional and financial burdens to your future. You can lessen some of these stresses or even completely avoid them by contacting McDonnell Law as soon as possible. We will aggressively fight for the compensation you deserve and take the crucial steps to get the best possible outcome.

We are here to assist you during a difficult time. Don't hesitate to call and speak with us today. We are serious and competent when dealing with insurance companies, knowing when to take your claim to court should the negligent party's insurance company be unable to satisfy your claim fairly and in a timely manner.

San Diego Personal Injury Attorney
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Court Upholds Rifle Sales Reporting Requirement

Headline Legal News 2013/06/01 10:52   Bookmark and Share
A federal appeals court panel has unanimously upheld an Obama administration requirement that dealers in southwestern border states report when customers buy multiple high-powered rifles.

The firearms industry trade group, the National Shooting Sports Foundation, and two Arizona gun sellers argued that the administration overstepped its legal authority in the 2011 regulation, which applies to gun sellers in California, Arizona, New Mexico and Texas.

But the three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said that the requirement was "unambiguously" authorized under the Gun Control Act of 1968.

The challengers argued that the requirement unlawfully creates a national firearms registry, but the court said because it applies to a small percentage of gun dealers, it doesn't come close to creating one.

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