Case Study: The Gobeille V. Liberty Mutual Decision

Facts: Defendant (Kmart) allegedly failed to provide to plaintiff (Lopez) the written wage statements. The availability of the wage statements is required under California labor code. Under the agreement, employment-related issues between the employee and company shall be resolved informally or by binding arbitration. This replaces the right of either party to go to court or have a jury decide the outcome of the claims. Lopez alleges that the agreement was never valid due to the fact that he was a minor when he acknowledged the agreement and is now entitled to revoke his consent.

These programs in state level would cater health service on basic levels to rural areas and also the urban areas. However, There must be the same rules and regulations for health care services across the state as well as the country and the access to minority groups to health care services must be fast and continuous in rate. The positives of state flexibility in health care certainly outweigh the negative in that some states have more growth than other states, therefore in these situations, the levels of health care may differ. As population and development grows in a state, the health care industry must grow, thus increasing the need for new technology. "Due to the needs of vulnerable populations and the requirements necessary to make health insurance coverage for them viable, these programs are quite different from standard private health insurance plans (Teitelbaum & Wilensky, 2013)." Private state insurance health care plans have the flexibility of choosing what groups they want to cover and what type coverage they will pay for. Medicaids concern for the needy is ethical and moral, illness or injury doesn't

Identify the battery issue involving defendants Green and DeVon in the case of Paur v. Rose City Dodge, Inc

Case Review: Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993)

Dred Scott was an African American who had been a slave in Missouri, but starting from 1833 to 1843, he lived in Illinois, which was a free state, and a part of the Louisiana Territory, where slavery was outlawed. When he returned to Missouri, he tried to sue for his freedom by saying that by living in an area that was slavery free, it made him a free individual. Unable to win in the state court, he brought a new suit to the federal court. It wasn’t until 11 years after the original suit was brought up was it finally addressed by the Supreme Court. Some issues that were conversed in this case include: If an individual goes into a free state, does it mean the slaves are

The sixth and fourteenth amendment both protect rights having to do with due process and right to counsel.

At stake is Mr. Whitman’s 4th Amendment liberty, which Sell was implemented to protect. In order to safeguard the liberty interests of sick defendants in Sell, the Supreme Court implemented four factors that the government must establish before it may forcibly medicate sick defendant to render the defendant competent to stand trial (citation needed). First, it must prove that an “important government interests are at stake.” Second, it must establish with clear and convincing evidence that the “involuntary medication will significantly further” those interests. Third, the government must demonstrate that “the involuntary medication is necessary to those interests.” Fourth, it must demonstrate that the “administration of drugs is medically appropriate.” Sell v. United States, 539 U.S. 169, 180-181 (2003).

The decision between the leaders of both the House and Senate holds the key to how much consumers would pay for coverage. The House argues that making a uniform program would help protect consumers and give them the necessary care, while the Senate wants every state to make and run its own since each state has more experience controlling the insurance plans and better knows what the people need and are looking for. In-state health insurance has helped many public areas to allow customers be aware of the risk of health care costs and offer them access to medical care which they can obtain in case they get ill or injured. Because of the importance of health insurance to the general public’s wellbeing, states have been regulating health insurance

Ford vs. Wainwright case was of a man from Florida that was sentenced to execution because of his conviction of murder of a police officer during a robbery. Despite his argument of insanity, he was still thought to be eligible for execution. As he stayed in prison his mental state seemed to diminish. He became confused and delusional overtime and obsessed with the Ku Klux Klan. He felt conspired against and thought it was because others wanted him to commit suicide. He believed that the prison guards, part of the conspiracy, had been killing people and putting the bodies in the concrete enclosures used for beds. He believed that his female relatives were being tortured and sexually abused somewhere in the prison. He began to refer to himself as the pope and reported having appointed nine new justices to the Florida Supreme Court. Ford was appointed to a doctor that reviewed his illness, but Ford later decided not to work with him because he felt that the doctor also was part of the conspiracy theory. According to Farringer (2001), “Justice Powell 's concurring opinion, on the other hand, found that the appropriate standard is whether the prisoner is aware of the punishment she is about to suffer and the reasons she is to suffer it” (p.2441).

It is this author’s belief that no entities should stand in the way of an individual’s right to seek counsel, regardless of outcome. The ramifications of not suing a HMO could demonstrate no evidence to support efforts to amend the current law, and without legal documents demonstrating the consequences related to denial of care, the rights of patients, to ensure a safe and effective health care, according to standards of practice, may be compromised.

A growing number of states have established All-Payer Claims Databases (APCDs) to fill information gaps, support health care finance and delivery reform initiatives, and increase price transparency for patients, providers, and other interested parties. APCDs are large-scale databases that collect, aggregate, and analyze data from multiple public and private payers. The data submitted by payers include medical claims, pharmacy claims, consumer eligibility information, and provider information; dental claims are also typically included, but not always. APCDs provide comprehensive information on health care costs, utilization, and quality that allow states and other stakeholders to better understand the overall performance of a state’s health care system. In 2003, Maine was the first state to implement a statewide APCD system and now 24 states (AR, CA, CO, CT, DE, FL, KS, MA, MD, ME, MI, MN, NH, NY, OK, OR, RI, TN, UT, VA, VT, WA, WI, WV) have existing or are currently implementing APCDs. States rely on APCDs to show results and trends from their

“In 2008, police arrested an estimated 2.1 million persons under the age of 18. The majority of these juveniles (67%) were referred to juvenile court jurisdiction. The police used discretion to handle and release a portion (22%) of these youths” (Lopez 2016). That means that 273,000 juveniles were prosecuted and punished as adults, some even receiving life in prison. This begs the question should juveniles, regardless of offense, be tried as adults?

In the United States, the health care system differs state by state. Each state has their own set of laws and regulations that fit their standard of morality. When it comes to health care, each state may differ in healthcare’s cost, access and quality. There are also many things that affect these regulation, such as the states sociodemographic and the populations overall health. In the state of Louisiana, there are great differences in their system compared to the overall country’s population.

In the case of Griggs v. Duke Power Company, 401 U.S. 424 (1971), the company chose to set employment standards in which the

The above formula isolates free cash flows to the firm from earnings before interest and tax (EBIT). It can be noted that FCFF are after tax (1-T) but prior to interest expense. This initial overstatement of due tax is by design; the tax deductibility of interest payments will be accounted for when incorporating the after-tax cost of debt in the weighted average cost of capital (WACC) to determine the present value of free cash flows.