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Olsten Whistleblower's Share: $9.8M
Donald S. McLendon's career as a healthcare executive was stressful, he says, eventually ending when he accused his employer, Olsten Corp., of Medicare fraud. But as a result of a $41 million settlement with Olsten, the federal government will pay McLendon $9.8 million for his role as a whistleblower. And, if the government succeeds in a related case against hospital giant Columbia/HCA Healthcare Corp., McLendon could collect tens of millions more.
Ga. Bar, Chamber of Commerce Watch Governor on Judicial Raises
A proposal to raise salaries for Georgia's judges is receiving a bipartisan push, but what appeared to derail the idea earlier this year -- a lack of support from Gov. Sonny Perdue -- is a potential obstacle. The State Bar and the Georgia Chamber of Commerce back a 20 percent salary increase for jurists on the superior courts, the Court of Appeals and the Supreme Court. A letter the State Bar sent argues that higher salaries for judges is backed by Democrats, Republicans, lawyers and the business community.Class Action Status in Coke Case Survives First Test
A federal judge denied the Coca-Cola Co.'s efforts to short-circuit a class action race discrimination case. U.S. District Judge Richard W. Story said he could not dismiss the class action charges at this point in the three-month-old case because, for the purposes of Coke's motion, he had to assume the plaintiffs' allegations are true. Thus, Story ruled at the end of a 90-minute hearing, it would be unfair to dismiss the class allegations until preliminary discovery is completed.Pros and Cons of Rule 91a Motions
Defendants have a new weapon for seeking a quick dismissal based on the pleadings. Texas Rule of Civil Procedure 91a, which provides for dismissal of baseless causes of action, was effective on March 31. However, before using the rule, defense counsel first should consider its risks and benefits in relation to other means of securing a dismissal.Despite High Court Skepticism, Advocates Defend Privileges Clause Push
A broad spectrum of scholars and advocacy groups agreed that McDonald v. City of Chicago presented the best -- and possibly the last -- chance to revive the argument that the 14th Amendment's "privileges or immunities" clause was the soundest way to apply individual rights like the Second Amendment right to bear arms to states and localities. And after the entire movement seemed to crash and burn in the space of a dramatic few minutes at the Supreme Court, there has been remarkably little regret or recrimination.
The Global Lawyer: Annulment of $128 Million Sempra Award Against Argentina Shows Flaws in ICSID Non-Appeal Appeals
Publication Date: 2010-07-13 Practice Area: Industry: Court: Judge: Attorneys: For plaintiff: For defendant: Case number:
Back in 2007, an ICSID annulment committee raised eyebrows when it found errors in an award against Argentina for CMS Gas, but didn't annul it. Some speculated that the all-star panel might be trying to spark debate about the ICSID appeals process. The latest ruling in the Argentine mess--a June 29 annulment of Sempra's 2007 award--will certainly throw gas on those flames.
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