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Court sides with S. Ind. city in man's injury suit
Law Firm News |
2014/01/06 11:30
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The Indiana Court of Appeals has upheld a lower court's ruling that the Ohio River city of Madison is not liable for injuries a man suffered when he tripped on a sewer grate.
Brad Haskin suffered a ruptured Achilles tendon in July 2008 when he tripped on the grate while walking from Madison's riverfront. He sued Madison in 2009, alleging it was negligent in maintaining the sewer drain and did not properly illuminate it.
The Madison Courier reports a Jefferson County judge had ruled that under Indiana law a city cannot be held liable for injuries caused by infrastructure like the grate that had been unchanged for 20 or more years.
The appellate agreed with that ruling, finding that the city was immune from liability in the case. |
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Supreme Court Refuses to Block Texas Abortion Law
Law Firm News |
2013/11/22 10:03
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A sharply divided Supreme Court on Tuesday allowed Texas to continue enforcing abortion restrictions that opponents say have led more than a third of the state's clinics to stop providing abortions.
The justices voted 5-4 to leave in effect a provision requiring doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.
The court's conservative majority refused the plea of Planned Parenthood and several Texas abortion clinics to overturn a preliminary federal appeals court ruling that allowed the provision to take effect. The four liberal justices dissented.
The case remains on appeal to the 5th U.S. Circuit Court of Appeals in New Orleans. That court is expected to hear arguments in January, and the law will remain in effect at least until then.
Justice Stephen Breyer, writing for the liberal justices, said he expects the issue to return to the Supreme Court once the appeals court issues its final ruling.
The Texas Legislature approved the requirement for admitting privileges in July.
In late October, days before the provision was to take effect, a trial judge blocked it, saying it probably is unconstitutional because it puts a "substantial obstacle" in front of a woman wanting an abortion.
But a three-judge appellate panel moved quickly to overrule the judge. The appeals court said the law was in line with Supreme Court rulings that have allowed for abortion restrictions so long as they do not impose an "undue burden" on a woman's ability to obtain an abortion. Writing for the appeals court, Judge Priscilla Owen noted that the Texas law would not end the procedure, only force women to drive a greater distance to obtain one.
Justice Antonin Scalia, writing in support of the high court order Tuesday, said the clinics could not overcome a heavy legal burden against overruling the appeals court. The justices may not do so "unless that court clearly and demonstrably erred," Scalia said in an opinion that was joined by Justices Samuel Alito and Clarence Thomas.
Chief Justice John Roberts and Justice Anthony Kennedy did not write separately or join any opinion Tuesday, but because it takes five votes to overturn the appellate ruling, it is clear that they voted with their conservative colleagues. |
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Fla. appeals court lifts temporary ban on auto law
Law Firm News |
2013/10/25 15:27
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A Florida appeals court on Wednesday cleared the way for the enforcement of a controversial auto insurance law that backers say was designed to curb fraudulent claims.
The 1st District Court of Appeal ruled that Tallahassee Circuit Judge Terry Lewis was wrong when he sided with physical therapists and other health care providers challenging the 2012 law.
In March, Lewis ruled that modifications to some of the key provisions of Florida's no-fault auto insurance law were possibly unconstitutional, and he ordered a temporary ban on those provisions.
Lewis suspended the part of the law that requires a finding of emergency medical condition and prohibits payments to acupuncturists, massage therapists and chiropractors. He said the law violates the right of access to the courts found in the Florida Constitution.
But the appeals court contended that those seeking to block enforcement of the law had not shown they were actually being harmed by it.
"Without showing of an actual denial of access to courts ... the provider plaintiffs lack standing to assert this claim," states the unsigned opinion.
The ruling, however, does not end the ongoing lawsuit challenging the new law.
Florida legislators passed the state's no-fault insurance law — also known as Personal Injury Protection — in the early 1970s to ensure that anyone hurt in an automobile wreck could obtain medical treatment without delay, while waiting for a case to be resolved. |
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Josef Cowan | Civil Litigation Construction Law Firm Los Angeles
Law Firm News |
2013/10/25 15:27
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Josef Cowan founded our firm over 20 years ago. The following are some questions and answers that discuss his unique qualities and why so many individuals and businesses trust our firm with their legal and business needs.
Q. Why did you become a lawyer?A. I’m the youngest of 6 kids raised by a single mother. We didn’t have much money, so I started working in the construction industry at a very young age. In fact, I started a construction business when I was 17 years old, and that company is still in existence and has over 400 employees. The construction industry involves a huge number of legal issues in a wide variety of different areas. I always found the legal issues fascinating and believed that a solid understanding of the law and ability to resolve complex issues is a huge advantage in business.
Q. What inspired you to found the Cowan Law Group?A. When I originally went to law school, I intended to use my legal training to help me with the construction business I started. However, I found I have a real passion for helping individuals and small to medium-sized companies resolve their legal and business problems in ways that make good business sense.
Q. How is the Cowan Law group different from other law firms?A. There are far too many firms that provide little to no value to their clients, and many that create more problems than they resolve. In many instances, the attorneys are good, smart people, but they don’t have the background or business savvy necessary to provide truly strategic, cost-effective legal solutions to their clients. This is a real problem because a good attorney who understands not just the legal issues, but also his client’s business challenges and objectives, is a tremendous resource and strategic advantage. With that in mind, I created the Cowan Law Group, whose main mission is to provide legal services that are smart, creative, and practical.
Q. So what makes you a good lawyer and advisor?A. I have benefitted greatly from a first class college and legal education. What I believe is even more important, however, is my life experience. Starting at a very young age, I have had to overcome many challenges both personally and in business. As a lawyer and advisor, these experiences have been invaluable because, through them, I have developed an ability to look at problems and challenges and know how to navigate through them in ways that are smart and effective.
But what is most telling is what my clients say. Over the course of my legal career, I have successfully resolved over $700 million of legal disputes in many different areas, including general business, real estate, construction, employment, and trade secret litigation, and I have handled a large number of business transactions. My clients often tell me that I provide counseling that is practical and mindful of business priorities, and that I handle it all well.
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