Court sides with Yahoo in data collection case

Headline Legal News

Yahoo has won a court fight that could help the public learn more about the government's efforts to obtain data from Internet users.

The U.S. Foreign Intelligence Surveillance Court, which reviews government requests to spy on individuals, ruled Monday that information should be made public about a 2008 case that ordered Yahoo Inc. to turn over customer data.

The order requires the government to review which portions of the opinion, briefs and arguments can be declassified and report back to the court by July 29.

The government sought the information from Yahoo under the National Security Agency's PRISM data-gathering program. Details of the secret program were disclosed by former NSA contractor Edward Snowden, who has fled the U.S.

The program came to light in early June after The Washington Post and Guardian newspapers published documents provided by Snowden. It allows the NSA to reach into the data streams of U.S. companies such as Yahoo, Facebook Inc., Microsoft Corp., Google Inc. and others, and grab emails, video chats, pictures and more. U.S. officials have said the program is narrowly focused on foreign targets, and technology companies say they turn over information only if required by court order.

Yahoo requested in court papers filed June 14 to have the information about the 2008 case unsealed. A Yahoo spokeswoman hailed Monday's decision and said the company believes it will help inform public discussion about the U.S. government's surveillance programs.

Related listings

  • Ill. Supreme Court ends challenge to abortion law

    Ill. Supreme Court ends challenge to abortion law

    Headline Legal News 07/12/2013

    The Illinois Supreme Court ended a lengthy and emotionally charged legal appeal over an abortion notification law Thursday, clearing the way for the state to begin enforcing a 1995 measure that requires doctors to notify a girl's parents 48 hours bef...

  • SC high court overturns $11M defamation verdicts

    SC high court overturns $11M defamation verdicts

    Headline Legal News 07/06/2013

    South Carolina's high court has overturned $11 million in verdicts against a Charleston attorney accused of defaming a businessman by comparing him to television mobster Tony Soprano. The state Supreme Court this week sent a civil case against Paul H...

  • Court: Ariz. citizenship proof law illegal

    Court: Ariz. citizenship proof law illegal

    Headline Legal News 06/20/2013

    The Supreme Court ruled Monday that states cannot require would-be voters to prove they are U.S. citizens before using a federal registration system designed to make signing up easier. The justices voted 7-2 to throw out Arizona's voter-approved requ...

Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read