Doesn't happen often enough. - gwc
BREAKING: RJ Reynolds Hit With $29M Verdict In Smoking Death Trial - Law360
Tuesday, October 25, 2016
Friday, October 21, 2016
Are Detroit’s Most Terrible Schools Unconstitutional? - The New York Times
by Geoffrey Stone
by Geoffrey Stone
At one Detroit school, just 4 percent of third graders scored proficient on Michigan’s English assessment test. At another, 9.5 percent did. Those students are among the plaintiffs in a lawsuit filed last month that asserts that children have a federal constitutional right to the opportunity to learn to read and write.
Illiteracy is the norm at those “slumlike” schools and others in Michigan’s biggest city, according to the plaintiffs. The facilities are decrepit and unsafe. The first thing some teachers do each morning is clean up rodent feces before their students arrive. In some cases, teachers buy the books and school supplies, even the toilet paper.
Lawyers for the students are arguing, in effect, that Michigan is denying their clients the right to a minimally adequate education, an issue that has been raised over the years in courts in other states under their state constitutions.
In Connecticut, a state judge last month ordered sweeping changes to reshape the state’s public schools after concluding that “Connecticut is defaulting on its constitutional duty” to provide all students with an adequate education. The judge concluded that the state’s funding system had “left rich school districts to flourish and poor school districts to flounder.”
Now the litigation in Detroit is raising this issue under the United States Constitution. The Supreme Court has never addressed whether disparities among schools would be constitutionally permissible if, as the court put it in 1973, a state failed “to provide each child with an opportunity to acquire the basic minimal skills necessary” for success in life....
Posted by George Conk at 7:25 PM
Thursday, October 20, 2016
Wednesday, October 19, 2016
Tuesday, October 18, 2016
Tuesday, October 11, 2016
Monday, October 10, 2016
Health Insurance From Invention to Innovation: A History of the Blue Cross and Blue Shield Companies
Health Insurance From Invention to Innovation: A History of the Blue Cross and Blue Shield Companies: The Blues invented health insurance. And we will continue to reinvent health insurance with the same spirit of innovation that has helped to improve the lives of generations of Americans. Now you can read about it as it happens, here at The Blue Cross and Blue Shield Blog.
Posted by George Conk at 10:17 PM
Saturday, October 8, 2016
Dr. Robert Stern, Boston University center
for study of Ttrauumatic bain injury
has hope that ithin a decade CTE will be
diagnosable in living people,not just the dead at autopsy.
The short answer is Yes. The Supreme Court should take the case and hold that it is impermissible for a settlement to bar those whose causes of action have not yet accrued. Accrual means sufficient reason to believe that you have suffered both harm and a wrong that are causally related. - GWC
Is the N.F.L.’s Concussion Settlement Broken? - The New York Times
by Joe Nocera
...If we are, in fact, going to have the ability to diagnose the disease in living football players within the next decade, shouldn’t the N.F.L. and the plaintiffs’ lawyers want to use that diagnostic tool, whatever it turns out to be, to figure out who does and does not have C.T.E.? And wouldn’t they want to compensate football players who could show they had the actual disease that even the league acknowledges is related to head trauma?
Yet there is nothing in the settlement that offers that possibility. Twenty years from now — assuming Stern and others have succeeded in creating an accurate C.T.E. test — players with the diagnosis who exhibit the classic C.T.E. symptoms of anger, suicidal tendencies and so on will still get nothing from the settlement because they’ll have the “wrong” symptoms. Only when they get Alzheimer’s, which has nothing to do with football, will they be eligible for compensation.
I’ve listened to Seeger and others talk about how this was the best deal the players could have gotten, given the state of the science, the possibility of having the case thrown out of court, the lines in the sand the N.F.L. drew and so on. That’s all well and good. But if you’re going to settle lawsuits that are about a disease called C.T.E., wouldn’t you insist that the settlement have something to do with, well, C.T.E.? This one does not.
Posted by George Conk at 9:10 AM
Wednesday, October 5, 2016
Talc Cancer Suits Consolidated in District of New Jersey // NJ Law Journal
by Charles Toutant
by Charles Toutant
Posted by George Conk at 11:20 PM