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3rd Circuit: Parents Can’t Sue Under No Child Left Behind Act

November 21, 2008

Parents have no right to sue under the federal No Child Left Behind Act because Congress designed the law only to regulate school districts and never included any “rights creating” language that would allow individuals to seek enforcement through lawsuits, the 3rd U.S. Circuit Court of Appeals has ruled.

 

The decision Thursday in Newark Parents Association v. Newark Public Schools marks the first time that a federal appellate court has refused to recognize a private cause of action under the NCLB.

 

But U.S. Circuit Judge Maryanne Trump Barry found that numerous federal district courts have addressed the issue and were unanimous in holding that the law “does not confer a right of action enforceable by individuals.”

 

Read Article: Law.com

 

Posted By: Phoenix DUI Attorney

Jury Awards $17 Million Against AT&T

A federal jury has ordered AT&T Inc. to pay almost $17 million for overcharging customers in California when passing along a federally mandated phone fee.

 

But in the verdict reached late Wednesday, the Kansas City, Kan., jurors determined there wasn’t enough evidence showing the telecommunications giant conspired with Sprint Nextel Corp. or then-competitor MCI to overcharge customers nationwide for the Universal Service Fund.

 

“We’re gratified that the jury correctly found no evidence of antitrust activities,” said Michael Coe, a spokesman for Dallas-based AT&T, in an e-mail. “We’re studying our options on the breach-of-contract ruling involving California residential customers, and continue to believe we acted properly.”

 

Read Article: Law.com

 

Posted By: Phoenix DUI Attorney

2 say Texas Education Agency fired them for investigating fraud

Two inspectors who were fired from the inspector general’s office at the Texas Education Agency are suing the agency, alleging wrongful termination after they tried to investigate fraud and waste in the TEA, officials said.

 

James Catazaro and Jim Lyde want to be reinstated and are seeking unspecified damages in a lawsuit filed Thursday in state court in Travis County. The lawsuit contends that the alleged retaliation against and firings of the two men violated their rights under the state’s whistleblower law and also violated their free speech rights under the Texas Constitution, The Dallas Morning News reported Friday for an online story.

 

TEA officials have denied that agency officials prevented investigations. The Austin American-Statesman reported Friday in its online edition that Texas Education Agency spokeswoman Debbie Graves Ratcliffe said that she had not seen the lawsuit but that “we believe we had reasonable grounds to terminate those two employees.” She did not say why.

 

Read Article: Houston Chronicle

 

Posted By : Phoenix DUI Attorney

Court rules on case of Iowa woman with cancer

The Iowa Supreme Court issued a ruling Friday that sends the case of a woman who sued her doctors for failing to diagnose breast cancer back to a lower court for more proceedings.

In her lawsuit filed in Scott County District Court, Pamela Rock claims the doctors’ negligence caused the cancer to spread to her lymph nodes.

It names Dr. Rose Warhank and the Blue Grass Family Medical Center, Dr. Robert Hartung and the Center for Breast Health and Genesis Medical Center.

According to the lawsuit, Rock noticed a lump in her left breast in May 2002 and called Warhank to have it examined. She was referred to the Center for Breast Health for a bilateral mammogram. During a follow-up appointment, Rock said Warhank told her the mammogram was normal and “not to worry about the lump.”

 

Read Article: Chicago Tribune

 

Posted By: Phoenix DUI Attorney

Health Insurers Offer to Accept All Applicants, on Condition

The health insurance industry said Wednesday that it would support a health care overhaul requiring insurers to accept all customers, regardless of illness or disability. But in return, the industry said, Congress should require all Americans to have coverage.

 

The proposals, put forward by the insurers’ two main trade associations, have the potential to reshape and advance the debate over universal health insurance just as President-elect Barack Obama prepares to take office.

 

In separate actions, the two trade groups, America’s Health Insurance Plans and the Blue Cross and Blue Shield Association, announced their support for guaranteed coverage for people with pre-existing medical conditions, in conjunction with an enforceable mandate for individual coverage.

 

Read Article: New York Times

 

Posted By: Phoenix DUI Attorney

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