USA Archive - Law Commentary

An older couple discussing healthcare options with a doctor in an office setting.

California High Court Protects Medicare Providers Against State Law Liability

The California Supreme Court handed a victory to insurance companies on Thursday, ruling that Medicare recipients are limited to federal remedies when pursuing claims against Medicare Advantage organizations. The case titled Quishenberry v. UnitedHealthcare, Inc. concerns a Medicare Advantage (MA) recipient who died after being discharged from a skilled nursing... Read More about California High Court Protects Medicare Providers Against State Law Liability

A man in a suit and glasses looks serious in a well-lit indoor setting.

Maryland Pays Over $13 Million in Settlement to Resolve State Corrections’ Unpaid Wages Claims, the Second Largest Such Case in US History

A U.S. Labor Department investigation into alleged illegal tampering with correction workers’ payroll records unearthed disturbing news. Numerous complaints against the state, representing corrections workers, claimed that the workers were being swindled out of pay due to them. The impacted workers were cheated out of their fair payments due to... Read More about Maryland Pays Over $13 Million in Settlement to Resolve State Corrections’ Unpaid Wages Claims, the Second Largest Such Case in US History

A blurred view of multiple American flags seen through a chain-link fence.

Man Who Fears Voodoo Torture if Deported Gets Another Chance to Stay in US

The Ninth Circuit Court of Appeal has given Anthony Alexandre another chance to avoid deportation to Haiti, where he claims he would be tortured by voodoo priests because of his “anti-voodoo views.” In a 2-1 decision reported in a Memorandum Opinion, the appellate court reviewed Alexandre’s petition for review of... Read More about Man Who Fears Voodoo Torture if Deported Gets Another Chance to Stay in US

Mugshot of Rex Heuermann, the suspected Gilgo Beach serial killer, taken after his arrest.

Evidence Mounts Against Suspected Gilgo Beach Murderer, Rex Heuermann

New York State officials are continuing their investigation into suspected serial killer Rex Heuermann. This week, officials have released more details about evidence linking him to a series of murders along the Long Beach area. The thorough investigation came to a head after agents arrested Heuermann late last week near... Read More about Evidence Mounts Against Suspected Gilgo Beach Murderer, Rex Heuermann

Attorney General Merrick B. Garland announces indictments related to fentanyl trafficking at a Department of Justice press conference.

In First Case to Charge China, DOJ Indicts Four China-Based Companies, Eight Executives, and Three Employees in Global Scheme Including Fentanyl

The United States Department of Justice charged four China-Based precursor chemical manufacturing firms and eight executives and employees in a global supply chain disruption including fentanyl. Three indictments in the Southern and Eastern Districts of New York were announced, charging the China-based companies and their employees with crimes related to... Read More about In First Case to Charge China, DOJ Indicts Four China-Based Companies, Eight Executives, and Three Employees in Global Scheme Including Fentanyl

A group of actors and union representatives at a press conference, all showing solidarity with raised fists and holding signs that read "SAG-AFTRA ON STRIKE!"

Hollywood Actors Join Writers in Strike to Protest Low Pay, Fears Over AI

Hollywood was well and truly brought to a standstill as the union representing around 160,000 actors declared a strike, joining the screenwriters who walked out in May. Both unions seek revised contracts and concessions from Hollywood's biggest studios in light of the streaming era, artificial intelligence, and other growing concerns... Read More about Hollywood Actors Join Writers in Strike to Protest Low Pay, Fears Over AI

IBM Must Pay Employees’ Expenses When COVID Forced At-Home Work

Even though the COVID-19 pandemic is over, the legal issues that remain in its wake are far from finished. A California case released last week, which decided whose responsibility it is to pay the expenses for work that had to be performed at home, is another one. Paul Thai, an... Read More about IBM Must Pay Employees’ Expenses When COVID Forced At-Home Work

Signage of a Mobil gas station against a blue sky.

Victim of Detroit Gas Station Shooting Files $150M Lawsuit Against ExxonMobil

The victim of a deadly shooting at a Detroit Exxon Mobil is taking legal action against the gas station, the franchise owner, and the store clerk after his terrifying encounter. The $150 million lawsuit was filed on behalf of 37-year-old David Langston. Langston suffered multiple gunshot wounds in the hand... Read More about Victim of Detroit Gas Station Shooting Files $150M Lawsuit Against ExxonMobil

A close-up of a person receiving a vaccination in a clinical setting.

Woman Can’t Sue Husband’s Employer for COVID She Claims He Brought Home From Work

Corby Kuciembas contracted a serious case of COVID-19 that caused her to be hospitalized where she was “kept alive on a respirator.” She claims she got the virus from her husband Robert, who also got COVID, and brought it home to her. Plaintiffs claimed the husband’s employer failed to take... Read More about Woman Can’t Sue Husband’s Employer for COVID She Claims He Brought Home From Work

Demonstrators rallying for gig worker rights, holding signs and banners in front of a government building.

California Supreme Court Agrees to Decide Fate of Prop 22

The battle over California’s gig worker law continues as the state supreme court has deigned to rule on the ultimate legality of Proposition 22. Prop 22 was a voter-passed initiative spurred on by Uber, Lyft, Doordash, and other companies that rely on so-called “gig workers” to fuel their business model.... Read More about California Supreme Court Agrees to Decide Fate of Prop 22

Image of a car dashboard showing illuminated indicators, including the ABS warning light.

Hyundai, Kia to Pay $326 Million to Settle Brake Fire Claims

Class members have agreed to settle claims that a defect caused certain Hyundai and Kia vehicles to carry a risk of spontaneous combustion. According to the allegations, the covered vehicles were manufactured with defective anti-lock brake (ABS) modules. The modules were prone to short-circuit, which could cause the engine compartment... Read More about Hyundai, Kia to Pay $326 Million to Settle Brake Fire Claims

A modern church building with palm trees in the foreground, where a group of people is gathered.

Parents of Teen Left Permanently Disabled After Deadly Labor Day Boat Crash File Lawsuit

The parents of a teen who was left permanently paralyzed after a boat crash have filed a lawsuit against the boat owners, accusing them of negligently hosting a party in which alcohol was both present and served to the minor partygoers. Boat owners George and Cecilia Pino hosted their daughter... Read More about Parents of Teen Left Permanently Disabled After Deadly Labor Day Boat Crash File Lawsuit

Harvard University campus featuring historic buildings and autumn foliage.

Harvard Gives Preferential Treatment to Legacy and Donor Applicant, According to New Lawsuit

Three minority advocacy groups are taking legal action against Harvard University’s legacy and donor admission practices. The lawsuit was filed by lawyers associated with the Chica Project, the African Community Economic Development of New England, and the Greater Boston Latino Network and comes less than a week after the U.S.... Read More about Harvard Gives Preferential Treatment to Legacy and Donor Applicant, According to New Lawsuit

A finger pressing a smartphone screen displaying a "Suspected Spam" notification on an incoming call.

Mother Who Joined Do-Not-Call Registry Can Sue for Son’s Calls

Many people no longer answer their phones since they assume, most often correctly, that there is a spam caller on the other end. It wasn’t supposed to be that way. The Telephone Consumer Protection Act of 1991 (TCPA) was signed into law by President George H.W. Bush to restrict automated... Read More about Mother Who Joined Do-Not-Call Registry Can Sue for Son’s Calls

A medical professional handling laboratory equipment in a fertility clinic setting.

Couple Can’t Collect for Loss of Frozen Embryos That Thawed

A mechanical failure at a San Francisco fertility clinic caused plaintiffs to lose three embryos that they planned to use for in vitro fertilization. The couple, who hoped for a child, had purchased a homeowner’s insurance policy for the embryos. Their policy, however, would only reimburse them for “direct physical... Read More about Couple Can’t Collect for Loss of Frozen Embryos That Thawed