Lawsuit puts Lake Tahoe boating facilities on hold
Recent Cases
A federal judge is blocking construction of boating facilities on Lake Tahoe while he resolves an environmental lawsuit.
The lawsuit, filed by the League to Save Lake Tahoe and the SierraClub, challenges new regulations that would allow more than 100 newprivate piers, 10 new public piers, new boat ramps, mooring buoys andhundreds of slips.
The regulations were adopted last year by the Tahoe Regional PlanningAgency after years of controversy. Environmentalists argue that newpiers and ramps would increase motorized boating and the pollution thatgoes with it.
In a recent ruling, U.S. District Judge Lawrence K. Karlton issued apreliminary injunction. It bars construction of the piers and ramps butallows the planning agency to move ahead with processing permits forthe facilities.
Still, boaters might want to hold off.
"The court notes that its independent review indicates that plaintiffs have shown some likelihood of success," Karlton wrote.
Read more...
Related listings
-
Pulman, Cappuccio, Pullen & Benson, LLP Files $80 Million Lawsuit
Recent Cases 09/15/2009SAN ANTONIO--(Business Wire)-- Pulman, Cappuccio, Pullen & Benson, LLP filed a lawsuit today in a San Antonio, Texas state court on behalf of 97 former investors at Stanford International Bank. The lawsuit, styled Rupert, et al. v. Winter, et al....
-
SEC Won't Challenge Stimulus
Recent Cases 04/19/2009South Carolina Attorney General Henry McMaster says a lawsuit broughtagainst the state over federal stimulus money is flawed and premature. But McMaster said in a filing with the Supreme Court on Monday that hewon't oppose the state Supreme Court tak...
-
Texas Supreme Court Justice Sues over Ruling
Recent Cases 01/29/2009Texas Supreme Court Justice Nathan Hecht sued the Texas Ethics Commission over its ruling that reduced legal fees constitute a political donation. Hecht says the Jackson Walker law firm represented him in a 2006 proceeding "that affected the free spe...
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.