Booksellers Challenge Oregon Censorship Law

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An Oregon law that prohibits distribution of sexually explicit material to minors interferes with the right to provide materials protected by the First Amendment, Powell's Books, other booksellers and Planned Parenthood claim in Federal Court.

Oregon Statute 167.051 to 167.057, signed into law in July 2007, is "unconstitutionally vague because it fails to provide fair notice as to what constitutes a criminal offense," the complaint states.

The law does not require intent to harm. It makes it a crime to provide sexually explicit material to a child "if the person intentionally furnishes a child, or intentionally permits a child to view, sexually explicit material and the person knows that the material is sexually explicit."

Planned Parenthood claims the law will impair it ability to provide sexual education.

The ACLU and Powell's Books, the country's largest independent book store, are among the plaintiffs in the lawsuit.

Stoel Rives and the New York firm Sonnenschein Nath & Rosenthal represent the plaintiffs.

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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.

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