Facebook loses search warrant challenge in New York court
Legal Events
Facebook has lost a legal fight against a New York City prosecutor who sought search warrants for hundreds of user accounts.
The New York state Court of Appeals on Tuesday ruled that while the case raised important questions about privacy it was "constrained" by the law relating to who can challenge search warrants.
Prosecutors in Manhattan sought search warrants in 2013 for the accounts of 381 people in connection with a disability benefits fraud case against New York City police and fire retirees.
Menlo Park, California-based Facebook challenged the warrants, which it said were overbroad. In a statement, a spokesperson said the company was disappointed by the ruling and is continuing to evaluate its legal options.
The case has been closely watched by social media companies, civil libertarians and prosecutors.
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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.