Earlier this year, Education Secretary Betsy DeVos revealed plans to “reset” the Gainful Employment rule meant to hold for-profit colleges more accountable for the education they provide students. Today, she continued tearing apart the rule, announcing the intention to allow colleges to continue enrolling students in programs that run afoul of the regulation. [More]
appeals
Court Declines To Rehear Appeal, Agrees Microsoft Can’t Be Forced To Turn Over Email Stored Overseas
By 1.24.17
Back in July, a federal appeals court took Microsoft’s side in a case over a contentious question: if you’re a U.S. company, storing a customer’s data on a server in another country, are you obligated to turn over all that data as part of a search warrant? Microsoft said no, and many years later, it appears that at the end of the appeals process, the court once and for all agrees. [More]
Feds Impose Sanctions On Blood-Testing Startup Theranos And Its Founder
By 7.8.16
Lab testing startup Theranos started from a revolutionary idea: performing blood tests quickly and inexpensively using only a drop of blood. The idea may have been more revolutionary if the technology actually worked yet, and if its lab in California had been operating up to current standards. Now the federal government has imposed sanctions on the company, which include being unable to bill Medicare or Medicaid for its services, and its founder and CEO can’t own or run a laboratory for the next two years. [More]
Net Neutrality Survives For Today, But The Legal Battle Is Far From Over
By 6.14.16
The metaphorical ink on today’s mammoth 184-page ruling upholding net neutrality was barely even dry before everyone with a stake in the matter came out swinging with statements. And while the decision earned praise from consumer advocates and some lawmakers, the telecom industry has vowed to continue the fight. [More]
Court: NSA Bulk Phone Data Collection Program Is Illegal
By 5.7.15
A federal appeals court has ruled this morning that the NSA’s controversial bulk phone data collection program is in violation of federal law. [More]
Allstate Denied Man's Insurance Claim Because He Went To The Hospital 5 Hours Too Early
By 11.10.11
Usually you’re rewarded for showing up early. How could showing up 5 hours early cost you $10,000? [More]
Court Rejects Lawsuit Against Ladies Nights
By 9.6.10
Last week, the Second Circuit Court of Appeals rejected a New York lawyer’s claims that “ladies nights” at bars were unconstitutional because they forced men to pay more. The lawyer says he’s going to appeal to the Supreme Court, but he admitted to the New York Daily News that the odds the court will agree to hear his case are “about the same as some pretty young lady paying my way on a date.” [More]
Woman Who Lost Home Over $68 Dental Bill Might Get Another Chance
By 3.1.10
Almost a year ago, Sonya Capri Ramos was in the news because she’d lost her home over a $68 dental bill. Last week, the Utah Court of Appeals gave her some hope that she might be able to get it back from the title company that bought it at auction for $1,550. [More]
Federal Court: Cigarette Makers Are Liars And "Low-Tar," "Light" Cigarettes Are Dangerous
By 5.23.09
Cigarette companies have conspired for decades to defraud and mislead the public about the health risks of “light” and “low-tar” cigarettes, a federal appeals court said yesterday. The DC Circuit Court of Appeals unanimously ruled that a federal district judge was right to ban the terms from appearing on cigarette packages. Under the ruling, cigarette companies may soon be required to issue a public mea culpa admitting that they were killing people when they said cigarettes were safe and non-addictive.
Big Pharma Goes Before Supreme Court To Get State Lawsuits Banned
By 10.7.08
“Pre-emption” is a legal doctrine that says the federal government can claim all regulatory power over an area or subject, barring states from acting on their own. The drug maker Wyeth has brought a case before the Supreme Court arguing that a woman in Vermont, who lost her arm due to a drug complication that Wyeth knew about but did not publicize, cannot sue them in state court because of pre-emption. Wyeth says that only the FDA has the power to regulate it—and since the FDA approved Wyeth’s drug label, it’s the FDA’s responsibility. We think Wyeth is pretending to care about federal-versus-state power in an attempt to weasel out of any responsibility.
By 5.28.08
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The Supreme Court rejected T-Mobile’s appeal in 3 cases yesterday, which means an earlier federal ruling that says states “can refuse to enforce arbitration clauses if they include bans on class actions” will stand. Now T-Mobile has to go back to state courts to deal with the class action lawsuits against it. [Associated Press]
Insurance Insider Tells How To Appeal Coverage Denial
By 5.22.08
We’ve heard plenty of horror stories about people’s coverage being denied for situations where they’re darn sure that they were covered, and now, an insurance industry insider has come forward with some tips on how best to make an appeal.
By 4.22.08
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The Ninth Circuit Court of Appeals declined to hear Microsoft’s appeal in the ‘Vista Capable’ class action suit, and it’s moving forward to U.S. District Court. [Seattle Times] (Thanks to T.J.!)
Anthem Blue Cross Blue Shield Approves Cardiac Rehab Stay Fit For A Time Traveler
By 4.6.08
In a letter dated March 27, Anthem Blue Cross Blue Shield informed Dona that her father was approved to stay in a cardiac rehab center through March 24. Dona’s mother began planning for her husband’s care shortly before his triple-bypass on March 15. Anthem originally approved the off-site rehab, but changed its mind on March 19, the day before Dona’s father was scheduled to be discharged. With the support of his doctors, he filed an emergency appeal so he could move to rehab the next day. The retroactive approval arrived a week later.
Starbucks CEO Thinks Pesky "Laws" Don't Apply To His Company
By 3.28.08
In the state of California it is illegal for supervisors to share in employee tips. Starbucks recently lost a lawsuit brought by an employee who said he was forced to share a portion of his tips with his supervisor. The judgment awarded over $100 million in back tips and interest to the Starbucks baristas of California, and now several similar lawsuits are pending in other states.
Exxon May Have Its Punitive Damages For Valdez Spill Cut In Half By Supreme Court
By 2.28.08
The Supreme Court is currently considering whether to halve the punitive damages levied against Exxon for its massive 1989 oil spill from the Exxon Valdez tanker, from the current $2.5 billion to something more like $1 billion. Exxon claims the higher number amounts to excessive punishment. According to the New York Times, the decision may come down to a tie with four justices on either side; Justice Alito is not participating because he owns Exxon Mobile stock. The Exxon Valdez disaster “caused a 3,000-square-mile oil slick and still affects Alaska’s fisheries after nearly 19 years.”
How To Lower Your Property Taxes
By 6.17.07
Free Money Finance dredged a fascinating statistic from Kiplingers that suggests 60% of homes are overvalued by assessors, and that 33% of tax appeals succeed. The stat comes from a dubious source, the National Taxpayers Union, described by the San Francisco Chronicle as the “the grand-daddy of the tax revolt organizations.” Assessments guide property taxes, which are universally reviled by homeowners. Even politicians, who suckle tax revenue with the vigor of a vampire on a vein, regularly crusade against property taxes during election season.
