Cost-cutting consequences; an HMO liability case is being closely watched by the lawyers who targeted tobacco companies

Article Abstract:

Pegram v. Herder, a case pending in the US Supreme Court is discussed, and it promises to be a key test of whether health maintenance organizations (HMO) can be sued. The plaintiff had both an incorrect diagnosis and a delay in care which caused much suffering. Her lawyer is suing the HMO for breach of fiduciary duty.

Health Care and Social Assistance, HEALTH SERVICES, Medical Personnel, Managed care plans (Medical care), Malpractice, Health maintenance organizations, Medical malpractice

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Marketers miffed at data denial; court upholds California law barring commercial sales of police records

Article Abstract:

The US Supreme Court's 1999 ruling of Los AZngeles Police Department v. United Reporting is discussed, and the outcome was barring businesses from selling names and addresses of arrestees and crime victims. This ruling may prove troublesome to computerized information services which rely on access to public records.

Usage, Internet, Commercial speech doctrine

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The 11th effect; sovereign immunity could force lawyers to duplicate efforts

Article Abstract:

A Minnesota Supreme Court ruling that forcing states to waive their filing deadlines qualifies as an unconstitutional infringement on the state's sovereign immunity in violation of the 11th Amendment is discussed. The US Supreme Court has granted certiorari of the ruling's appeal.

Exclusive and concurrent legislative powers, Preemption (Legislative power)

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