Justices eye insurance RICO liability; does McCarran-Ferguson pre-empt use of mob law?
Article Abstract:
The Supreme Court will decide in Humana Inc. v. Forsyth whether the McCarran-Ferguson Act precludes private parties from RICO suits. Plaintiffs in the case charge that Humana negotiated a fraudulent discount on group health insurance policies offered Nevada citizens. Franklin G Burt, amicus counsel for the Consumer Credit Insurance Ass'n, claims that RICO approval in insurance cases would make federal law the principal enforcement engine, while insurance regulation would become the province of class action litigation.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Justices asked if right to practice is civil right
Article Abstract:
California criminal defense attorney Paul L Gabbert sued for deprivation of his liberty interest after being detained for a court-ordered search and temporarily unable to represent his client during a Menendez trial grand jury appearance. Lawyers for the prosecutors claimed that a temporary interruption of Gabbert's job was not a deprivation of his liberty interest. The case pits the importance of attorneys' communicating with their clients and the prosecution's need to collect evidence.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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68% error rate found in death case study; author calls serious problems 'epidemic.'
Article Abstract:
A report claiming a high judicial error rate at both the federal and state levels is discussed. The report claims that judicial review at both levels has overturned 68% of its capital punishment cases because of serious errors at trial, and 7% of defendants retried have been found innocent, while 82 % have received new sentences other than death.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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