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全部话题 - 话题: defendant
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W*****B
发帖数: 4796
1
来自主题: Military版 - 转发: 帮助李福海医生!
NEPA Doctor Found Guilty Of Drug Distribution Resulting In Death, Money
Laundering And Tax Charges
SCRANTON—The United States Attorney’s Office for the Middle District of
Pennsylvania, announced that Dr. Fuhai Li, age 53, of Milford, was found
guilty of unlawfully prescribing oxycodone and other opioids to 23 former
patients, including a Honesdale woman who died as a result of using the
pills. Dr. Li faces a mandatory 20-year prison sentence for causing the
woman’s death.
According to United St... 阅读全帖
g**1
发帖数: 10330
2
Freeland demands ‘immediate release’ of detained Canadians Kovrig and
Spavor
http://www.theglobeandmail.com/politics/article-freeland-demands-release-of-detained-canadians/
STEVEN CHASE
PUBLISHED DECEMBER 21, 2018
UPDATED 2 HOURS AGO
Canada is now calling for the “immediate release” of two Canadians
detained by China after the Vancouver arrest of Huawei executive Meng
Wanzhou in what amounts to a significant shift in tone by Ottawa toward
Beijing.
Foreign Affairs Minister Chrystia Freeland made ... 阅读全帖
t***h
发帖数: 40
3
来自主题: Military2版 - 请读后, 请问美国有法律吗?
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELATE DISTRICT
DIVISION TWO
Wan (aka Winnie) Tin ) Case #: B222712
)
Plaintiff and Respondent, ) (Sup. Ct. No. CK71139)
v. )
Los Angeles County Superior Court )
)
In re Joshua Tin )
)
----------------------------------------------------------------)
APPELLANT’S... 阅读全帖
f*******e
发帖数: 1061
4
已用于去年杭州G20的防卫。
China's Poly Technologies defence marketing company has used the IDEX show
held in Abu Dhabi from 19-23 February to reveal its Silent Hunter fibre-
optic laser air defence system.
A full-scale version of the Silent Hunter's optical systems was displayed
during IDEX. (Patrick Allen/IHS Markit)A full-scale version of the Silent
Hunter's optical systems was displayed during IDEX. (Patrick Allen/IHS
Markit)
Poly officials told Jane's that the system was used to help defend the 4-5
Sep... 阅读全帖
g********d
发帖数: 4174
5
来自主题: QueerNews版 - Obama: Our First Gay President
Posted on Advocate.com March 09, 2011
House Leaders to Defend DOMA
By Michelle Garcia and Andrew Harmon
Members of the House leadership decided Wednesday that they would defend the
Defense of Marriage Act in federal lawsuits, stepping in for the Department
of Justice, which announced a halt to defending such cases, under the
direction of the president.
In a 3-2 vote by the members of the Bipartisan Legal Advisory Group, House
speaker John Boehner, majority leader Eric Cantor, and majority whip ... 阅读全帖
g********d
发帖数: 4174
6
来自主题: QueerNews版 - Judge: Wisconsin DP Registry OK
Posted on Advocate.com June 20, 2011 07:45:00 PM ET
Judge: Wisconsin DP Registry OK
By Advocate.com Editors
Julaine Appling of Wisconsin Family Action Wisconsin’s domestic-partnership
registry does not violate the state constitution’s ban on same-sex
marriage, a judge ruled Monday.
The decision is being touted as a victory for gay rights, although Dane
County circuit judge Daniel Moeser’s ruling cites the fact that domestic
partnerships, established in Wisconsin in 2009, convey far fewer rights ... 阅读全帖
g********d
发帖数: 4174
7
Posted on Advocate.com July 11, 2011 04:05:00 PM ET
Court Asks What Obama's Next Move Is on DADT
By Andrew Harmon
Although the Defense Department has confirmed that “don’t ask, don’t tell
” is going unenforced as a result of a court ruling last week, a key
question about the policy’s constitutionality remains alive.
And so a ninth circuit court clerk today ordered the Justice Department —
which has not appealed the ruling — to instruct the court on whether it
intends to defend the policy’s const... 阅读全帖
g********d
发帖数: 4174
8
Why timing is crucial in the ongoing same-sex marriage cases
Rutgers law professor Carlos Ball argues that it would be better for
marriage equality supporters if the Supreme Court hears a DOMA case before
it considers Perry v. Schwarzenegger.
The following is an essay for our same-sex marriage symposium by Carlos A.
Ball, professor at the Rutgers University School of Law (Newark). Professor
Ball is the author of The Right to be Parents: LGBT Families and the
Transformation of Parenthood (NYU Pr... 阅读全帖
p********i
发帖数: 1963
9
In one of the more interesting posts of the symposium on same-sex marriage
over at SCOTUSBlog, former Rep. Bob Barr wrote last week about the Perry
case and the Windsor v. USA case. He starts by pontificating on marriage as
an institution, then gets into it below (including his support for repealing
DOMA):
Perry v. Schwarzenegger
This time last year, U.S. District Court Judge Vaughn Walker of the U.S.
District Court for the Northern District of California, struck down
Proposition 8, a referendum... 阅读全帖
g********d
发帖数: 4174
10
来自主题: QueerNews版 - 加州最高法院明天判PROP 8
The California Supreme Court has announced it will issue a written opinion
Thursday on whether conservatives who sponsored Proposition 8 are entitled
to defend the measure that overturned the 2008 same-sex marriage ban.
The court's ruling, which will be made public at 10 a.m., will determine
whether all initiative sponsors in California are legally entitled to defend
their measures in state court when the governor and the attorney general
refuse.
If the court rules against the initiative backers... 阅读全帖
g********d
发帖数: 4174
11
Golinski Has Her Day in Court, DOJ Sends Senior Lawyer To Argue DOMA's
Unconstitutionality
Posted by Chris Geidner |
December 16, 2011 5:10 PM | Permalink
The Department of Justice sent one of its top lawyers to federal court in
San Francisco today to argue that the Defense of Marriage Act's federal
definition of marriage unconstitutionally limits Karen Golinski's ability to
secure health insurance for her wife.
Golinski's case, which began as an ordinary request to include her wife, Amy
Cunning... 阅读全帖
g********d
发帖数: 4174
12
来自主题: QueerNews版 - Maggie Gallagher: We're Going to Lose DOMA
Politico notes that Republican lawmakers have been completely mute on the
Supreme Court's decision to take up DOMA, a law which they've spent close to
$2 million in legal bills defending.
Maggie_gallagherNOM's Maggie Gallagher noticed:
Advocates on both sides of the issue said they’d seen no statements from
Republican lawmakers about the court’s decision to take on DOMA and an even
more provocative dispute regarding a ban California voters approved on same
-sex marriage.
“I’m personally gratefu... 阅读全帖
s*****n
发帖数: 325
13
这帮人是疯了
http://www.huffingtonpost.com/2013/01/15/doma-republicans_n_247
WASHINGTON -- House Republican leaders have signed on to spend up to $3
million to keep defending the Defense of Marriage Act in court, according to
a copy of their newly revised legal contract obtained by The Huffington
Post.
House Republican leaders took over the legal defense of DOMA in the spring
of 2011, when Attorney General Eric Holder announced the Obama
administration would no longer defend it on the grounds that the... 阅读全帖
D**S
发帖数: 24887
14
http://www.nbcnews.com/news/us-news/judge-strikes-down-pennsylv
A federal judge Tuesday declared Pennsylvania's ban on same-sex marriage
unconstitutional, the fourth such ruling on a state ban in the past three
weeks.
Judge John Jones III ruled in favor of 23 Pennsylvania residents who
challenged the law.
"The issue we resolve today is a divisive one. Some of our citizens are made
deeply uncomfortable by the notion of same-sex marriage. However, that same
-sex marriage causes discomfort in some ... 阅读全帖
l****z
发帖数: 29846
15
http://www.newsrealblog.com/2010/11/28/cronkiting-north-korea-wont-work-this-time-hes-dead-and-were-not-buying-it/
Cronkiting North Korea Won’t Work This Time; He’s dead, and we’re not
buying it
Posted By Resa Kirkland On November 28, 2010 @ 11:00 am In Agendas of the
Left,Anti-War Movement,Asia,Big Government,Big Posts,Corruption,Defining the
Left,Feature,Hot Posts,Media: Leftwing Bias,Military & Defense Issues,
Political Correctness,Political News,Politics,Tactics of the Left,Terrorism
(Non-Is... 阅读全帖
l****z
发帖数: 29846
16
https://www.judicialwatch.org/corrupt-politicians-lists/washingtons-ten-most
-wanted-corrupt-politicians-for-2011/
Judicial Watch, the public interest group that investigates and prosecutes
government corruption, today released its 2011 list of Washington’s “Ten
Most Wanted Corrupt Politicians.” The list, in alphabetical order, includes:
Rep. Spencer Bachus (R-AL)
Former Senator John Ensign (R-NV)
Rep. Alcee Hastings (D-FL)
Attorney General Eric Holder
Rep. Jesse Jackson, Jr. (D-IL)
President Ba... 阅读全帖
y****t
发帖数: 10233
17
我老人家既不defend共和党,也不defend民主党.我老人家什么都不defend.
我老人家只defend truth.
呵呵...

the
l****z
发帖数: 29846
18
来自主题: USANews版 - What's a little fraud to save the Earth?
by Steven Greenhut
03/05/2012
SACRAMENTO – If the theory of man-made global warming were such a self-
obvious truth, the result of scientific consensus, then why do its advocates
keep committing fraud to advance it? Even more disturbing, why are some
writers willing to defend this behavior?
The latest embarrassment for global-warming activists came Feb. 20, when
Peter Gleick, founder of the Oakland-based Pacific Institute for Studies in
Development, Environment and Security, admitted that he com... 阅读全帖
l****z
发帖数: 29846
19
A federal appeals court on Monday rejected a bid by minority students to
overturn California’s ban on affirmative action in admissions to state
colleges and universities, saying the 1996 initiative approved by California
voters already had passed the court’s legal muster.
Ralph Kasarda, an attorney for the Pacific Legal Foundation, said that “
today’s ruling is good news for everyone who values fairness and equal
opportunity.”
“If the people who brought this lawsuit are genuinely opposed to
disc... 阅读全帖
l****z
发帖数: 29846
20
I don't know a thing about posting bond or what goes into deciding what the
bond ought to be (it all seems quite arbitrary to me) but the bottom line is
that once again, George Zimmerman may be bailed out assuming he can raise
the 10% needed on the newly declared $1 million bond:
Sandford judge today ordered George Zimmerman, the Neighborhood Watch
volunteer who shot and killed Trayvon Martin, an unarmed 17-year-old,
released on $1 million bail but called him a manipulator.
It was not im... 阅读全帖
t***h
发帖数: 40
21
来自主题: USANews版 - 这就是美国的法律
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELATE DISTRICT
DIVISION TWO
Wan (aka Winnie) Tin ) Case #: B222712
)
Plaintiff and Respondent, ) (Sup. Ct. No. CK71139)
v. )
Los Angeles County Superior Court )
)
In re Joshua Tin )
)
----------------------------------------------------------------)
APPELLANT’S... 阅读全帖
t***h
发帖数: 40
22
这就是美国的司法: 腐败至及:
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELATE DISTRICT
DIVISION TWO
Wan (aka Winnie) Tin ) Case #: B222712
)
Plaintiff and Respondent, ) (Sup. Ct. No. CK71139)
v. )
Los Angeles County Superior Court )
)
In re Joshua Tin )
)
-------------------------------------------------------------... 阅读全帖
t***h
发帖数: 40
23
请教这是什麽美国政府????
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELATE DISTRICT
DIVISION TWO
Wan (aka Winnie) Tin ) Case #: B222712
)
Plaintiff and Respondent, ) (Sup. Ct. No. CK71139)
v. )
Los Angeles County Superior Court )
)
In re Joshua Tin )
)
--------------------------------------------------------------... 阅读全帖
l****z
发帖数: 29846
24
“Man Faces Charges After Defending Himself from a Bear in His Own Yard”
Just as the founders and framers would have wanted it! Reason:
Richard Ahlstrand, of Auburn, Massachusetts, faces criminal charges
after encountering a bear in his back yard and shooting the damned thing to
avoid being mauled or eaten. Specifically, as noted at Reason 24/7, he’s
charged with “illegally killing a bear, illegally baiting a bear, illegal
possession of a firearm and failure to secure a firearm.” All of these... 阅读全帖
l****z
发帖数: 29846
25
来自主题: USANews版 - 德州民猪党真是智力无下限阿
民猪党德州州长候选人Wendy Davis指责共和党候选人说对方反对inter-racial通婚,结
果人们发现被攻击的对方共和党德州州长竞选人,Greg的太太是墨西哥移民的孙女.
这个打脸打的狠阿.
Wendy Davis and her supporters are trying to suggest that her Republican
opponent for Texas Governor, Greg Abbott, would have been against
interracial marriage.
Here's Wendy Davis:
Greg Abbott won't say whether he'd defend an interracial marriage ban—
troubling but not surprising from someone who defends a "poll tax."
— Wendy Davis (@WendyDavisTexas) October 20, 2014
This is Davis’ Commun... 阅读全帖
m***s
发帖数: 1094
26
来自主题: USANews版 - An open letter to Ben Affleck ZZ
An open letter to Ben Affleck
Columns CommentOCTOBER 25, 2014 BY EIYNAH
Your heart was in the right place, but…
Dear Ben,
I am writing to you today as a woman who was born and raised in Islam. I saw
your discussion with Bill Maher and Sam Harris, and I must say you did me a
great disservice that day. Your heart was in the right place, of course,
and it was lovely of you to step up and defend ‘my people’.
What you really did though, perhaps inadvertently, was silence a
conversation that never get... 阅读全帖
l****z
发帖数: 29846
27
Teen Who Rescued Blind Kid From Bully Suspended, Kicked Off Football Team
Michael Cantrell
September 25, 2015 1:15 pm
We now live in a world where a Muslim kid can bring a clock to school that
looks just like a bomb and he gets a free trip to the White House, but when
a young man actually stands up and defends a blind boy from getting the crap
kicked out of him by a bully, he gets punished.
Liberalism is truly a sickness of the mind, and it’s totally destroying our
society.
Yesterday, a video wa... 阅读全帖
x****k
发帖数: 2932
28
来自主题: USANews版 - 剧情神反转,左臂演砸了
http://abcnews.go.com/US/accusers-alleged-racial-incident-unive
Three black women attending the University of Albany who say they were the
victims of a "racially fueled" on-campus attack in January by fellow white
students now stand accused of assault in connection with the incident.
Asha Burwell, 20, of Huntington Station, N.Y.; Ariel Agudio, 20, of
Huntington, N.Y.; and Alexis Briggs, 20, of Elmira Heights, N.Y., each face
a charge of assault in the third degree, a crime punishable by up to a ... 阅读全帖
h******y
发帖数: 351
29
来自主题: USANews版 - Trump在WSJ写的文章不错
坚定不移的反对现有的system。恰到好处的揭露Lyin` Ted的虚伪。把这次CO的选举作
弊狠狠敲打一下。
http://www.wsj.com/articles/let-me-ask-america-a-question-14606
On Saturday, April 9, Colorado had an “election” without voters. Delegates
were chosen on behalf of a presidential nominee, yet the people of Colorado
were not able to cast their ballots to say which nominee they preferred.
A planned vote had been canceled. And one million Republicans in Colorado
were sidelined.
In recent days, something all too predictable has happened: Politi... 阅读全帖

发帖数: 1
30
Michael Straw, a senior at Penn State University, returned to campus this
week, put on a crisp blue suit, and walked into a Trump buzzsaw.
The president of the school’s chapter of College Republicans had a sense of
what he was in for. Less than two weeks before, the group had announced in
a Facebook post that they would not endorse Donald Trump after holding an
online vote — a move that sparked outrage, including a call from the
chairman of the Pennsylvania Federation of College Republicans for ... 阅读全帖
l****e
发帖数: 609
31
我所理解的是,不可以拒绝的,除非1,有利益冲突,或2,上司把她给换掉。
google : Can a court appointed lawyer legally refuse to represent a
defendant?
link
https://answers.yahoo.com/question/index?qid=20090505152125AAnwscC
Best Answer: Courts don't simply appoint attorneys at random. There is
generally a list of lawyers who make themselves available to accept certain
types of cases. The public defender, of course, exists to represent criminal
defendants. If someone is unwilling to do that, they need to get into a
different line o... 阅读全帖
z****z
发帖数: 2054
32
对了解alt-right应该有帮助.
An Establishment Conservative’s Guide To The Alt-Right
by Allum Bokhari & Milo Yiannopoulos29 Mar 20164584
A specter is haunting the dinner parties, fundraisers and think-tanks of the
Establishment: the specter of the “alternative right.” Young, creative
and eager to commit secular heresies, they have become public enemy number
one to beltway conservatives — more hated, even, than Democrats or loopy
progressives.
The alternative right, more commonly known as the alt-right, is ... 阅读全帖
m****o
发帖数: 3762
33
Full transcript of Trump's remarks to Congress
Published February 28, 2017 FoxNews.com
President Donald Trump speaks on Capitol Hill in Washington, Tuesday, Feb.
28, 2017, during his address to a joint session of Congress.
TO THE CONGRESS OF THE UNITED STATES:
Mr. Speaker, Mr. Vice President, Members of Congress, the First Lady of the
United States, and Citizens of America:
Tonight, as we mark the conclusion of our celebration of Black History Month
, we are reminded of our Nation's path toward... 阅读全帖
x****n
发帖数: 950
34
Rod J. Rosenstein 口碑很好, 小布什,奥黑任期都干过,
https://en.wikipedia.org/wiki/Rod_Rosenstein
他的备忘录在这里:
Memorandum for the Attorney General
FROM: Rod J Rosenstein
SUBJECT: Restoring public confidence in the FBI
The Federal Bureau of Investigation has long been regarded as our nation's
premier federal investigative agency. Over the past year, however, the FBI's
reputation and credibility have suffered substantial damage, and it has
affected the entire Department of Justice. That is deeply troubling to many
D... 阅读全帖
r*********t
发帖数: 4911
35
楼主有一种自信,那就是他自己没看bill原文,就敢说别人是伪科学政治传销,他的这
种自信,我很佩服。
俺是看过bill原文的,我只想说,楼主或许真的看到过“伪科学政治传销”。毕竟在我
眼里,楼主自己就是“伪科学政治传销”。那么对于这个新法案,献血部分的原文是什
么的?
Existing law makes it a felony punishable by imprisonment for 2, 4, or 6
years for any person to donate blood, tissue, or, under specified
circumstances, semen or breast milk, if the person knows that he or she has
acquired immunodeficiency syndrome (AIDS), or that he or she has tested
reactive to HIV.
This bill would repeal those provisions. The bill would inste... 阅读全帖
T*******u
发帖数: 1908
36
“Under existing law,
if a defendant has been previously convicted of prostitution or of another
specified sexual offense, and in connection with the conviction a blood test
was administered, as specified, with positive test results for AIDS, of
which the defendant was informed, the previous conviction and positive blood
test results are to be charged in any subsequent accusatory pleading
charging a violation of prostitution. Existing law makes the defendant
guilty of a felony if the previous con... 阅读全帖
r*********t
发帖数: 4911
37
法国的事情,我插不上话。不过就赌城这次惨案,最大的问题在于mandalay bay hotel
是gun free zone。 那么短的时间,大街上的人咋制止?要制止也得是酒店里的人。
此外,至于枪支阻止犯罪的实例,下面是2008年的一个统计(源自于90年代数据)。
Guns used 2.5 million times a year in self-defense. Law-abiding citizens use
guns to defend themselves against criminals as many as 2.5 million times
every year -- or about 6,850 times a day. Of the 2.5 million times citizens
use their guns to defend themselves every year, the overwhelming majority
merely brandish their gun or fire a warning shot to scare off the... 阅读全帖
j*********r
发帖数: 24733
38
Maxine Waters Attended Nation Of Islam Convention Where Farrakhan Defended
Suicide Bombers
Democratic California Rep. Maxine Waters attended a Nation of Islam
convention where the hate group’s leader, Louis Farrakhan, defended
Palestinian suicide bombers.
The convention, which took place in California in 2002, is just the latest
tie to emerge between Democrats and the Nation of Islam, a black nationalist
group known for being viciously anti-Semitic.
“We have Maxine Waters here,” Farrakhan told t... 阅读全帖
d********f
发帖数: 43471
39
https://www.brodenmickelsen.com/blog/why-polygraph-tests-are-not-admissible-
in-court/
If you watch any TV show about true crimes or a drama, you’ll often see
references to polygraph tests.
Given that the criminal justice system relies so heavily on people telling
the truth, many people wonder why lie detectors are not used routinely in
most cases.
However, in Texas as most states, polygraph results are not admissible in
criminal trials.
Although polygraphs are also called lie detectors, in real... 阅读全帖
m*y
发帖数: 1778
40
来自主题: Automobile版 - 陆巡锁三差 SOFT CORE雨天热身
Defender “run forever” 是你自己编的吧。
看看专家的评价:
http://pangaea-expeditions.com/5-best-overland-vehicles-ever/
Defender:
“On the downside, the Defender historically has suffered from reliability
and build quality issues, more so in petrol versions. But these drawbacks
are offset by near world-wide availability of spare parts. Perhaps this is
the reason why a staggering 70 percent of all Land Rovers are still on the
road today. If you’re looking for a Land Rover for expedition use, the most
reliable driv... 阅读全帖
t**********3
发帖数: 12623
41
来自主题: Automobile版 - 喷喷陆地巡洋舰和GX470
再说陆地巡洋舰:
2010 Land Cruiser的问题和GX470差不多,就是机械控制化率下降,电子控制化率过高
,在高温和极限环境下durability一定不如老款
Land Cruiser 80:
Bottom Line: It has almost everything a true off-roader is about, except for
the hard core kick which only Land Rover Defender has.
1. LC 80不如Defender轻质和坚固,LC大量的塑料和rattle,而Defender整车都是12mm
的铆钉(军用标准)
2. LC 80差速器锁定是电子控制,而Defender是全机械手动
3. LC 80转向助力过度干预造成路面反馈和驾驶者沟通障碍
4. LC 80在某些地方表现出明显的扭矩不足
t**********3
发帖数: 12623
42
来自主题: Automobile版 - Ranger Rover和LX570哪个雪地表现好?
大多数说满车electronic junk的LC比Defender更durable的人其实根本没有在现实里见
过Defender更没有玩过Defender
2012款的Defender内饰现代很多
T*********e
发帖数: 9208
43
来自主题: Living版 - 敢情对小偷开枪有罪?
Defense of Property - Nondeadly Force (MPJI-Cr 5:02.1)
Defense of property is a defense, and the defendant must be found not guilty
if all of the following three factors are present:
* 1) The defendant actually believed that (victim) was unlawfully interf
ering with property.
* 2) The defendant's belief was reasonable.
* 3) The defendant used no more force than was reasonably necessary to d
efend against the victim's interference with the prop
l*****n
发帖数: 204
44
来自主题: Living版 - lien 还在,到底要不要close?
我也觉得tricky,但是就是不知道所以然,也说不出道道来。the title insurance 还
有 comprehensive 的?真的第一次听说。不过够呛,title company 似乎只想撇清与
这个lien的关系。
不过,打电话问state tax,他们说lien是跟着前房主走,似乎与房子没有关系,不知
道可靠不?
另外,不close 的话,估计他们会说是我的责任,除了appraisal以外,他们说还需要
付title report fee。不知道还有什么?
以下是所谓的indemnity 的关键部分,各位说公平吗?好像并不保护我呀。
in the consideration of the issuance of said title insurance policy, the
undersigned covenant and agree with the Company (1) to forever fully protect
, defend and save harmless the Company from and against the above ment... 阅读全帖
m**********r
发帖数: 2099
45
这就是著名的US Airways, Inc. v. McCutchen case, they fought all the way to
SCOTUS (decided 4/16/13 in favor of the insurance company).下面是我在2012年
这个案子对原告有利的时候写的概要。当时靠这个还没被SCOTUS推翻的ruling,我们在
两个案子里从ERISA lien holders手里要回大概将近50万吧。但2013年McCutchen被高
法推翻以后,这种argument就再没机会了。现在ERISA的preemption没人能碰。
这个案子大致的内容是:被告由于negligence弄伤了原告,于是原告vs.被告。被告最
后赔钱了,但原告在治病期间,是使用单位的健康保险来治病的,而这个保险属于
ERISA。原告自己有out of pocket部分但实际上ERISA保险公司付给医院的费用要远高
于out of pocket的部分。
问题来了:被告赔的钱,还不够ERISA health insurance花费的钱。这个ERISA plan的
合同规定:如果你... 阅读全帖
m**********r
发帖数: 2099
46
这就是著名的US Airways, Inc. v. McCutchen case, they fought all the way to
SCOTUS (decided 4/16/13 in favor of the insurance company).下面是我在2012年
这个案子对原告有利的时候写的概要。当时靠这个还没被SCOTUS推翻的ruling,我们在
两个案子里从ERISA lien holders手里要回大概将近50万吧。但2013年McCutchen被高
法推翻以后,这种argument就再没机会了。现在ERISA的preemption没人能碰。
这个案子大致的内容是:被告由于negligence弄伤了原告,于是原告vs.被告。被告最
后赔钱了,但原告在治病期间,是使用单位的健康保险来治病的,而这个保险属于
ERISA。原告自己有out of pocket部分但实际上ERISA保险公司付给医院的费用要远高
于out of pocket的部分。
问题来了:被告赔的钱,还不够ERISA health insurance花费的钱。这个ERISA plan的
合同规定:如果你... 阅读全帖
w***1
发帖数: 9
47
【 以下文字转载自 Military 讨论区 】
发信人: yecao (野草), 信区: Military
标 题: 看一看美国的司法腐败, 法官是怎样把一个无故孩子从妈妈身
发信站: BBS 未名空间站 (Fri Nov 23 20:28:00 2012, 美东)
这是真人真事, 请大家舆论支持。
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELATE DISTRICT
DIVISION TWO
Wan (aka Winnie) Tin ) Case #: B222712
)
Plaintiff and Respondent, ) (Sup. Ct. No. CK71139)
v. )
Los Angeles County Superior Court )
... 阅读全帖
y***o
发帖数: 145
48
请看这法律问件, 美国的法官是怎样腐败, 把孩子从妈妈身边强走的。请舆论只持。
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELATE DISTRICT
DIVISION TWO
Wan (aka Winnie) Tin ) Case #: B222712
)
Plaintiff and Respondent, ) (Sup. Ct. No. CK71139)
v. )
Los Angeles County Superior Court )
)
In re Joshua Tin )
)
-------------------------------------... 阅读全帖
u*****a
发帖数: 6276
49
来自主题: Parenting版 - 华裔家教帮学生窜改成绩
(其实只是起诉,还没审呢)大家以后可别买那些假冒商品。你看你买了可能没什么。
到后来,卖主(比如下面的两个)看到甜头,继续干,就进局子了。
28岁的Zexiong Chen(音译︰陈泽熊)曾在波士顿东北大学就读,上学期间就和26岁的
Haotian Chen(音译︰陈浩天)做起了手机壳生意,从中国进口手机壳销售到美国市场,
并顺利的做成了几单生意。但是殊不知在这商机之中却隐藏著巨大的隐患。先是因非法
进口仿冒品,一批手机壳被海关没收,被罚了叁万元。接下来的麻烦就更大了!
2013年2月,两人特意合伙创办了一家名为“Max Wireless”的手机壳公司,希望可以
经营合法化,两人的生意也愈加火爆,每月销售额能达到8-10万,成功抢占了波士顿90
%的手机壳市场。然而今年二月,陈泽熊在纽约肯尼迪机场準备乘飞机回中国时因走私
并非法出售仿冒手机壳被捕。陈浩天也于当月被捕後被有条件释放,取保候审。据悉,
陈浩天在去年二月新婚,今年五月刚刚做了爸爸,却在这个时候面临牢狱之灾。
其实,从2012年11月起,美国移民和海关执法局共对其公司查处12次,共搜缴到一万
多个走私的冒牌手机壳,更在2013... 阅读全帖
c***1
发帖数: 3281
50
来自主题: Stock版 - 雷曼前夜?
老道不老道大概不能因为我跟你的意见不一样就变成我不老道了。不过,我肯定是不够
Jim rogers, soros等老道的。眼界一辈子大概都不能到他们那个层次。政治的问题我
也不可能说我老对,事实上我们炒股的也不需要管什么是right thing to do, 而是要
大概知道政客,股民,大户机构是怎么想的。譬如我是觉得德国这样长期这样bail out
小弟们长期来说达不了它的目的,弄巧反挫。我觉得不应该,但是不妨碍我知道短期
内德国会就范bail out的概率是远远大于不救的。这个对于炒股的risk forecast才是
我需要的。德国最终怎么做,我觉得不应该不应该,人家德国首相才不鸟我一介平民怎
么想呢,是吧?Jim Rogers前几天才才说美国不应该bail out这些banks, Bernanke
stupid, obama stupid, absurb,不过这不妨碍美国可能继续救市,是吧?
至于赚不赚钱最重要这句话是一句简单的comment.你不会要我灌水都把risk return
profile, sharpe ratio, 平稳赚钱这些老掉牙都说吧。我相信大部分老股民都应该... 阅读全帖
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