Palin COVID-19 tests delay libel trial against NY Times
National News
An unvaccinated former Alaska Gov. Sarah Palin tested positive for COVID-19 Monday, forcing a postponement of a trial in her libel lawsuit against The New York Times.
The Republican’s positive test was announced in court just as jury selection was set to begin at a federal courthouse in New York City.
Palin claims the Times damaged her reputation with an opinion piece penned by its editorial board that falsely asserted her political rhetoric helped incite the 2011 shooting of then-Arizona U.S. Rep. Gabby Giffords. The newspaper has conceded the initial wording of the editorial was flawed, but not in an intentional or reckless way that made it libelous.
U.S. District Judge Jed Rakoff said the trial can begin Feb. 3 if Palin, 57, has recovered by then.
Palin, a one-time Republican vice presidential nominee, has had COVID-19 before. She’s urged people not to get vaccinated, telling an audience in Arizona last month that “it will be over my dead body that I’ll have to get a shot.”
When he first announced that Palin had gotten a positive result from an at-home test, Rakoff said: “She is, of course, unvaccinated.”
Additional tests in the morning also came out positive, Palin’s lawyer told the court.
“Since she has tested positive three times, I’m going to assume she’s positive,” the judge said.
Rakoff said that courthouse rules would permit her to return to court Feb. 3, even if she still tests positive, as long as she has no symptoms. If she does have symptoms, she can be looked at on Feb. 2 by a doctor who provides services to the courts, he said.
On Saturday, Shawn McCreesh, a features writer for New York Magazine tweeted that Palin was seen at Elio’s restaurant on Manhattan’s Upper East Side and he quipped in a follow-up tweet: “My mom thought she was Tina Fey.” Fey was widely praised for her portrayal of Palin on Saturday Night Live when Palin was campaigning for vice president in 2008.
Luca Guaitolini, a restaurant manager, confirmed she had slipped through vaccination checks and dined at the restaurant known for attracting famous customers in violation of the city’s rule that restaurant guests must prove vaccination to be served. He said the restaurant was not making further statements.
Related listings
-
Judge sides with Alaska attorney who alleged wrongful firing
National News 01/21/2022A U.S. judge sided Thursday with an attorney who alleged she was wrongly fired by the state of Alaska over political opinions expressed on a personal blog. U.S. District Court Judge John Sedwick ruled that Elizabeth Bakalar’s December 2018 firi...
-
Some Michigan counties pause jury trials amid COVID surge
National News 01/18/2022Jury trials have been paused in some western Michigan counties due to a surge in coronavirus cases, court officials said Monday. Chief Judge Mark Trusock said all jury trials in Kent County 17th Circuit Court, based in Grand Rapids, were on hold unti...
-
Appeals court: Illinois counties must end ICE contracts
National News 01/14/2022A federal appeals court has ruled two counties that hold immigrant detainees at local jails must terminate contracts with federal authorities starting Thursday. Leaders in Kankakee and McHenry counties sued over an Illinois law aimed at ending immigr...
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.