Judge says Kobach has shown pattern of misleading court
Legal Exams
A federal judge says Kansas Secretary of State Kris Kobach has demonstrated a pattern of misleading the court about the facts and record in a voting rights case.
U.S. District Judge Julie Robinson refused Tuesday to reconsider a $1,000 fine and order requiring Kobach to submit to a deposition by the American Civil Liberties Union.
A magistrate judge had fined Kobach for misrepresenting the contents of documents he took into a November meeting with then President-elect Donald Trump and a separate draft amendment to the National Voter Registration Act.
Robinson cited three earlier instances where Kobach mischaracterized the record or exhibits. She says sanctions are necessary to deter him from misleading the court in the future.
Kobach is vice chairman of President Donald Trump's Presidential Advisory Commission on Election Integrity.
Related listings
-
Case of gay couple's wedding cake heads to Supreme Court
Legal Exams 07/01/2017A Colorado clash between gay rights and religion started as an angry Facebook posting about a wedding cake but now has big implications for anti-discrimination laws in 22 states. Baker Jack Phillips is challenging a Colorado law that says he was wron...
-
Court: Ignorance about allergy medicine crime no excuse
Legal Exams 06/11/2017Just because a man previously convicted of methamphetamine-related crimes didn't know it was now illegal for him to buy over-the-counter allergy medicine given his criminal history doesn't mean his rights were violated, a divided North Carolina Supre...
-
8 judges on Venezuela's Supreme Court hit with US sanctions
Legal Exams 05/19/2017The U.S. imposed a new round of sanctions on high-level Venezuelan officials, this time targeting eight Supreme Court judges that Washington accused of damaging their nation's democracy by steadily stripping the opposition-controlled congress of any ...
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.