Supreme Court nominee has defended free speech, religion
Legal Exams
Supreme Court nominee Neil Gorsuch has been a defender of free speech and a skeptic of libel claims, an Associated Press review of his rulings shows. His record puts him at odds with President Donald Trump's disdain for journalists and tendency to lash out at critics.
On other First Amendment cases involving freedom of religion, however, Gorsuch's rulings in his decade on the 10th U.S. Circuit Court of Appeals in Denver reflect views more in line with the president and conservatives. Gorsuch repeatedly has sided with religious groups when they butt up against the secular state.
In a 2007 opinion involving free speech, Gorsuch ruled for a Kansas citizen who said he was bullied by Douglas County officials into dropping his tax complaints. "When public officials feel free to wield the powers of their office as weapons against those who question their decisions, they do damage not merely to the citizen in their sights but also to the First Amendment liberties," Gorsuch wrote.
Related listings
-
Travel ban decision in hands of federal appeals court judges
Legal Exams 02/11/2017A federal appeals court will decide whether to reinstate President Donald Trump's travel ban after a contentious hearing in which the judges hammered away at the administration's motivations for the ban, but also directed pointed questions to an atto...
-
Supreme Court upholds broad reach of bank fraud law
Legal Exams 12/15/2016The Supreme Court is upholding the broad reach of a federal law prohibiting bank fraud. The unanimous ruling on Monday came in the case of a California man who illegally siphoned about $307,000 out of a Taiwanese businessman's Bank of America bank ac...
-
Supreme Court stays execution of Alabama inmate
Legal Exams 11/04/2016The U.S. Supreme Court on Thursday night stayed the execution of an Alabama man convicted of the 1982 shooting death of a woman's husband in a murder-for-hire arrangement. Five justices voted to stay the execution of Tommy Arthur as the high court co...
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.