Courts

Supreme Preemption

I woke up this morning to a US Supreme Court decision that rewrote the traditional balance of power between California courts and federal power.  

Until today, California courts had been the final word on the “laws of your state,”  in other words what California law said on matters of contracts and contract interpretation specifically citing California law.

Big Court Victory Will Upend Secrecy in CA Legislature, Open Records to Public

A landmark court decision was announced last night that will upend secrecy in the state Legislature. In response to a lawsuit by Bay Area and Los Angeles News Groups, which had sought records from the Legislature surrounding indicted Senators Leland Yee and Ron Calderon, a judge has ruled that the legislature must turn over calendars, meeting schedules, expense and reimbursement records as public records.

California Hospitals Lax on Patient Safety Without Malpractice Legal Reform

The abysmal patient safety record of California hospitals exposed in a national report card highlights the lack of legal deterrence and safeguards to protect consumers.

The Leapfrog Group, an employer-backed nonprofit group focused on healthcare quality, gave nearly 40 percent of California hospitals a C, D or F grade. These poor grades revealed hospitals that were unable to significantly reduce infections, accidents and errors.

California Supreme Court Should Overturn Cap on Medical Malpractice Damages

Consumer Watchdog has joined the plaintiffs inHughes v. Pham in asking that the California Supreme Court review the constitutionality of the state’s arbitrary 39-year-old damages cap of $250,000 in medical malpractice cases. Even though a jury awarded the injured plaintiff millions in noneconomic damages for his permanent disability, this award was slashed to $250,000.

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