New Jersey, leagues renew court tussle over sports gambling
Headline Legal News
The fight over legalized sports gambling in New Jersey returned to a federal appeals court Tuesday, where attorneys for the state and the country's major sports leagues spent nearly an hour parsing language in a decades-old federal statute and in recent court rulings.
At issue: Whether a 2014 New Jersey law repealing prohibitions against sports gambling violates the 1992 federal Professional and Amateur Sports Protection Act, which says states cannot "sponsor, operate, advertise, promote, license or authorize" sports betting.
A good portion of Tuesday's oral arguments before the 3rd U.S. Circuit Court of Appeals focused on the meaning of the word "authorize," and whether New Jersey did that when Gov. Chris Christie signed the law striking the betting prohibitions.
Attorneys from both sides endured sharp questioning from the court, which heard a previous incarnation of the case in 2013. In the ruling that followed that argument, the court said New Jersey couldn't be prevented from repealing its sports gambling laws. The state seized on that language to write its 2014 law.
Related listings
-
Robert Durst back in court for 2nd straight day
Headline Legal News 03/20/2015Authorities found nearly 150 grams of marijuana and a revolver in millionaire Robert Durst's hotel room when he was arrested over the weekend, a prosecutor said Tuesday. Durst appeared before a judge for a second straight day to face the drug and wea...
-
Court scraps Dutch data retention law, cites privacy concern
Headline Legal News 03/12/2015A judge scrapped the Netherlands' data retention law Wednesday, saying that while it helps solve crimes it also breaches the privacy of telephone and Internet users. The ruling by a judge in The Hague followed a similar decision in April by the Europ...
-
Justices pepper health care law opponents with questions
Headline Legal News 03/05/2015Supreme Court justices peppered opponents of President Barack Obama's health care law with skeptical questions during oral arguments Wednesday on the latest challenge to the sweeping legislation. Justice Anthony Kennedy, whose vote is seen as pivotal...
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.