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Legal Opinions - U.S. 4th Circuit Court of Appeals: October 14, 2008: Administrative Law Medicaid funding regulations BOTTOM LINE: Centers for Medicare and Medicaid Services did not exceed its authority in promulgating regulations for state to follow in calculating post-eligibility income of nursing home residents. CASE: Md. Dep't. of Health and Mental Hygiene v. Centers...; Tags: deduction, HEALTHCARE, income, Maryland, Medicaid, regulation, SOFTWARE, statute, U.S. Circuit Court, U.S. Congress; Research articles 2008-10-14
Hazards for Habeas Corpus: justice demands that an accused criminal be given the right of "habeas corpus," the ability to challenge the legality of his detention, but this right is being steadily eroded: Rogue public officials consolidating a police state dispatch jackbooted thugs to arrest dissidents. Their victims defend themselves with firearms. Those who are captured are branded "enemy combatants," and held indefinitely, incommunicado, without any specific charges brought against them, with no access to an attorney or hope of a fair trial....; Tags: Government, Quality, SOFTWARE, statute, suspension, U.S., U.S. Congress; Research articles 2008-10-13
Maryland Court of Appeals says state lawsuit can come after federal: The state's highest court has revived a former physician's lawsuit against Montgomery County over the treatment she received during her arrest and detention more than eight years ago. Reversing two lower-court decisions, the Court of Appeals found that Sherri A. Turner's lawsuit in state court was timely when...; Tags: lawsuit, statute, U.S. District Court; Research articles 2008-10-10
Legal Opinions - Maryland Court of Appeals: September 29, 2008: Contracts Cause for termination BOTTOM LINE: Dealer agreements executed prior to enactment of CL [section]19-103 were, in effect, renewed following the enactment of the statute; therefore, the statute applied prospectively to prohibit manufacturer from terminating agreements without cause. CASE: John Deere Construction and Forestry...; Tags: attorney, Counsel, enactment, Maryland, oath, State Farm Mutual Automobile Insurance Co., statute, termination; Research articles 2008-09-29
Mileage rate increased: Due to rising gas prices, the mileage rate will increase by eight cents to 58.5 cents a mile for all business miles driven from July 1 through Dec. 31, 2008. The new rate for computing deductible medical or moving expenses also will increase by eight cents to 27 cents a...; Tags: computing, Internal Revenue Service, statute; Research articles 2008-08-01

Environmental laws; major statutes administered by the Environmental Protection Agency: Environmental laws; major statutes administered by the Environmental Protection Agency EPA. Ed. by Susan R. Fletcher et al. Nova Science Publishers 2008 120 pages $69.00 Hardcover KF3775 This recent entry from Nova Science Publishers serves to provide a summary of laws and...; Tags: statute, U.S. Environmental Protection Agency; Research articles 2008-08-01
Legal Opinions - U.S. Supreme Court: June 30, 2008: U.S. SUPREME COURT Civil Procedure Interpleader BOTTOM LINE: Interpleaders did not lose standing to have a judgment vacated in its entirety on procedural grounds because they did not appeal, or petition for certiorari on the underlying ruling denying them the interpleaded assets. ...; Tags: alien, commission, Government, Iraq, Litigation, petition, Republic, SALES, statute, U.S., U.S. Congress; Research articles 2008-06-30
Legal Opinions - U.S. Supreme Court: June 16, 2008: U.S. Supreme Court Civil Procedure Recovery of paralegal fees BOTTOM LINE: A prevailing party that satisfies the Equal Access to Justice Act's requirements may recover its paralegal fees from the Government at prevailing market rates. CASE: Richlin Security Service Co. v. Chertoff,...; Tags: attorney, Government, statute, Transportation, U.S. Congress; Research articles 2008-06-16
Law Digest: MARYLAND COURT OF APPEALS Professional Responsibility, Disbarment: Disbarment was the appropriate sanction for attorney who, while decertified for failure to pay Client Protection Fund assessments, continued to practice and committed serious violations of several rules of professional conduct. Attorney Grievance Commission of Maryland v. Walker, Misc. AG No....; Tags: bankruptcy, Benefits, Litigation, Maryland, statute, U.S. Circuit Court; Research articles 2008-06-16
Modest Second Injury Fund bill passes Missouri House: The Missouri House took one last stab on Tuesday at reforming the state's Second Injury Fund. In an 83-69 vote, House members approved a bill previously passed by the Senate that would fix a flaw in state statute that allows people receiving payments from the fund to continue...; Tags: Benefits, statute, U.S. Senate; Research articles 2008-05-14
A troubling trend in preemption rulings.: Other cases may receive more headlines, but for trial lawyers, the Supreme Court's most important decisions this year will focus on preemption. And the Court is already displaying a troubling trend on this issue. On February 20, the Court handed down three decisions that...; Tags: FDA, Government, HEALTHCARE, Medtronic Inc., OOA/OOD/OOP, statute, U.S. Congress; Research articles 2008-05-01
Legal Opinions - Maryland Court of Appeals: April 28, 2008: Civil Procedure Declaratory judgment actions BOTTOM LINE: The trial judge erred in issuing an oral, not written, declaratory judgment, and the circuit court was directed to issue a declaratory judgment adopting the assessment of the Court of Special Appeals of the correct boundary between the parcels...; Tags: attorney, board, condominium, council, Council, identity, insurance, Judge, Legislature, Maryland, State Farm Mutual Automobile Insurance Co., statute, transcript, witness; Research articles 2008-04-28
Legal Opinions - Maryland Court of Appeals: April 7, 2008: Commercial Law Breach of warranty BOTTOM LINE: In lawsuit alleging breach of warranty under the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act and violation of Maryland's Consumer Protection Act, plaintiff failed to prove warranted item did not conform to warranty at time of sale. ...; Tags: attorney, defect, Hyundai Motor Co., Maryland, petition, statute; Research articles 2008-04-07
NAA/NMHC working against homeownership incentives.(Political Insider: Capitol Beat): AS THE FORECLOSURE CRISIS WORSENS, lawmakers are under pressure to "do something." One proposal backed by the National Association of Home Builders and others would create a new tax credit for people who buy a new house or a house in default or foreclosure. Legislation currently...; Tags: FINANCE, Government, incentive, Quality, Regulations, standards, statute, Taxes, U.S. Senate; Research articles 2008-04-01
Federal and State Tax Records Retention: How Long Is Long Enough? Many taxpayers feel a sense of information-and paper-overload. E-mail, junk mail, regular mail, voicemail, faxes, text messages, and other communications make managing the information flow more difficult. When it comes to the records required to substantiate the information submitted on income tax returns,...; Tags: FINANCE, income, Internal Revenue Service, statute, Taxes; Research articles 2008-04-01
The Butterbaugh fallacy: I. INTRODUCTION II. BACKGROUND III. THE USERRA ISSUE A. A Butterbaugh Appellant's Prima Facie USERRA Burden 1. The First Essential USERRA Question: Were Employee ...; Tags: absence, Absence, agency, benefit, board, Cir, Government, leave, MARKETING, Sec, statute; Research articles 2008-03-22
Should the Eighth Circuit recognize procedural misjoinder?: I. INTRODUCTION In the Eighth Circuit and elsewhere, traditional fraudulent joinder occurs when a plaintiff sues a diverse defendant in state court and joins a nondiverse defendant even though the plaintiff has no reasonable basis for a claim against the nondiverse defendant. (1) For example, consider a situation in...; Tags: Cir, Insurance, Litigation, Miller, statute, U.S. Congress; Research articles 2008-03-22
Ledbetter in Congress: the limits of a narrow legislative override.: INTRODUCTION In Ledbetter v. Goodyear Tire & Rubber Co., the Supreme Court held that an employee was barred from suing her employer for pay discrimination under Title VII. (1) The plaintiff, Lilly Ledbetter, was a twenty-year employee of Goodyear who, over the course of...; Tags: Benefits, Discrimination, Goodyear Tire & Rubber Co., statute, U.S. Congress; Research articles 2008-03-01
Closing the courthouse doors to civil rights plaintiffs.: On January 9, the Supreme Court heard arguments in the consolidated cases of Crawford v. Marion County Election Board and Indiana Democratic Party v. Rotika on the question of whether an Indiana election law requiring voters to show photo identification as a condition for voting is...; Tags: Democratic Party, Government, Indiana, SOFTWARE, statute; Research articles 2008-03-01
U.S. District Court Case Summaries: January 23, 2008: U.S. District Court Interest on Award Date of Judgment McEachin v. McGinnis 02-CV-6005CJSFe Judge Siragusa Issue: May the parties to a suit contract to alter the terms of 28 U.S.C. [section]1961 and agree to a rate of interest...; Tags: statute, U.S. District Court; Research articles 2008-01-23