Tuesday, April 1st, 2008

9th Cir: Pleading Standard for False Claims Act Claim

The panel’s introduction says it all: 
Marie Bernadette Mendiondo appeals from the district court’s order dismissing her complaint. Mendiondo worked as a nurse at Centinela Hospital Medical Center (”CHMC”) and alleged that, following her complaints regarding false billing and reimbursement practices and substandard patient care, she was wrongfully terminated in violation of the Federal False Claims […]

Tuesday, April 1st, 2008

DAlaska: Insurance Coverage for General Contractor

The successor-in-interest to the general contractor (Gaston and Associates) for the Anchorage Native Heritage Center sued its comprehensive general liability carrier for a declaration of rights with regard to claims made by several subcontractors.  Judge John Sedwick has resolved many coverage and exclusion issues, relying frequently on Fejes v. Alaska Ins. Co., Inc., 984 P.2d 519 (Alaska […]

Tuesday, April 1st, 2008

DAlaska: Disability Discrimination

Donald Bennett, a Deputy U. S. Marshal in Fairbanks, alleged that the government discriminated against him because of his disability (diabetes), after he failed an annual blood glucose test.  Because the Marshals Service had no appropriate light duty, Bennett took nine months of sick and annual leave.  Bennett sued under the Rehabilitation Act, the Back […]

Tuesday, April 1st, 2008

On-line Posting of OAH Opinions - An Update

The state’s Office of Administrative Hearings, which handles adjudications for the Human Rights Commission as well as many other state agencies, has again failed to meet its promises to post its decisions on-line.  See this earlier coverage.  Those promises, from Chief Administrative Judge Terry Thurbon, go back to February of 2007.  The alternative seems to be a legislative mandate.