Public Health Law § 2801-d was enacted in 1975. The statute gives a private right of action to residents of nursing homes, also known as residential health care facilities, permitting them to sue nursing home operators for the deprivation of a right or benefit created for their well-being. The statute permits the recovery of both compensatory and punitive damages.
It was enacted to remediate accounts of abuse by some nursing home operators which was documented in the nursing homes industry in the…
Colorado Attorney General Cynthia Coffman said Saturday she will join a multi-state legal challenge to the Clean Power Plan, a federal rule that will require Colorado to sharply cut carbon dioxide emissions from power plants.
The Environmental Protection Agency unveiled the plan on Aug. 3.
"The rule is an unprecedented attempt to expand the federal government’s regulatory control over the states' energy economy,” Coffman said. “The EPA appears unwilling to accept limits set by Congress in…
A federal judge in Raleigh has ordered two former foreign currency traders and a former colleague to pay $5.4 million for their role in an alleged investment fraud scheme.
David Christopher Mayhew and Ron Earl McCullough were ordered to pay $1.2 million in restitution and $2.5 million in penalties. McCullough and Mayhew are also barred from any future trading.
Travis Maurice Cox was ordered to pay $1.3 million in restitution and $330,000 in penalties for soliciting customers for the alleged scheme.
Cox,…
Salt Lick BBQ is picking a legal fight with a Georgia company it claims is infringing on its name and reputation.
In a lawsuit filed in Texas’ Western District U.S. Court, the Driftwood restaurant chain claims that the Salt Lick Sausage Co. of Cordele, Georgia, is violating the Central Texas company’s trademark by offering barbecue products for sale via its website www.saltlicksausage.com, which is similar in nature to www.saltlickbbq.com.
Salt Lick claims the Georgia company is using marks…
Everyone knows the principle of being innocent until proven guilty: The burden of proof is on the accuser to show the guilt of the accused. In the absence of the requisite amount of proof, the accused will be considered innocent.
What people may not know is that a similar principle does not apply at the border. It’s a whole different story at the border.
Foreign nationals carry a burden of proof when they present themselves for admission to the United States. Each and every time, the foreign…
Cory Elliott of CMT Roofing LLC is leading the pack for the class of 2010 40 Under 40 Most Popular poll, after only starting to receive votes the last two days.
Elliott credits her family and friends for the surge in votes she’s received. “I am fortunate that I also have 20-year-old twins that have huge social networks - Facebook, Twitter, Instagram and Snapchat,” she said.
In second place for the class of 2010 you’ll find Rick Sems of Reliance Bank. Following right behind Sems is Adam…
At an oral argument hearing held Thursday, Hawaii Supreme Court justices questioned the sequence of events that led to a permit being issued for the Thirty Meter Telescope project.
Mauna Kea Anaina Hou, Clarence Ching, Flores-Case Ohana, Deborah Ward, Paul Neves, and KAHEA: The Hawaiian Environmental Alliance, are challenging the permit the state Department of Land and Natural Resources issued to TMT to build a 14th observatory atop Mauna Kea on the Big Island.
Their lawsuit against the Hawaii…
It may cost California billionaire David Murdock, who owns Castle & Cooke in Hawaii, and a former Dole Food Co. exec $148.1 million to settle charges that they drove down the value of the company to save money when Murdock led a buyout of Dole.
Delaware Chancery Court Judge Travis Laster ruled Thursday that Murdock and Michael Carter, Dole’s former president and chief counsel, must pay the judgment, according to a Bloomberg report.
Dole shareholders had sued the two, charging that Carter made…
