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Jury delivers $25.5 million 'statement' to Aetna to change its ways - CNN
(CNN)An Oklahoma jury has awarded $25.5 million to the family of a cancer patient denied coverage by Aetna, with jurors saying that the insurer acted "recklessly" and that the verdict was meant as a message for Aetna to change its ways.
The award is believed to be the largest verdict in an individual "bad faith" insurance case in Oklahoma history, one court observer said, and could have major ramifications across the country for a form of cancer treatment called proton beam therapy.
The case revolved around the 2014 denial of coverage for Orrana Cunningham, who had stage 4 nasopharyngeal cancer near her brain stem. Her doctors wanted her to receive proton beam therapy, a targeted form of radiation that could pinpoint her tumor without the potential for blindness or other side effects of standard radiation.
Aetna denied her coverage, calling the therapy investigational and experimental.
health  insurance  legal  business  money  cancer 
yesterday by rgl7194
Opinion | Mueller Has a Way Around Trump and His Minions - The New York Times
A road map from the Watergate prosecution shows a potential route for the special counsel to send incriminating evidence directly to Congress.
In a stunning move on the heels of the midterm election, President Trump has forced the resignation of Attorney General Jeff Sessions and appointed an outspoken critic of the Mueller investigation — Matthew Whitaker — as acting attorney general, shunting Deputy Attorney General Rod Rosenstein to the sidelines. This raises the specter of a fearful president attempting to muzzle Special Counsel Robert Mueller or hinder him from revealing whether his 18-month-long grand jury investigation has turned up evidence of criminality implicating Donald Trump or his immediate family.
But a 44-year-old “road map” from the Watergate prosecution shows a potential route for Mr. Mueller to send incriminating evidence directly to Congress. The road map was devised in 1974 by the Watergate special prosecutor, Leon Jaworski, with our assistance. We wrote the road map — actually a report — to be conveyed to Congress; it was called “Report and Recommendation” and served as a guide to a collection of grand jury evidence contained in a single document. That evidence included still-secret presidential tape recordings that had been acquired through grand jury subpoena — but which had been withheld from Congress by President Nixon.
conspiracy  crime  DOJ  gov2.0  legal  mueller  politics  russia  special_counsel  trump  op-ed  nytimes 
yesterday by rgl7194
10 Reasons Whitaker Might Not Foil Mueller - The Atlantic
The prospects for interference are dimmer than many imagine.
At the end of last month, with the midterms looming, I gave a talk before a small private audience in California in which I argued for optimism because—among other things—the moment for firing Robert Mueller had passed.
Eighteen months ago, I said, President Donald Trump had an opportunity to disrupt the Russia investigation: He had fired the FBI director and had rocked the Justice Department back on its heels. But Trump had dithered. He had broadcast his intentions too many times. And in the meantime, Mueller had moved decisively, securing important indictments and convictions, and making whatever preparations were necessary for hostile fire. And now Democrats were poised to take the House of Representatives. The window of opportunity was gone.
conspiracy  crime  DOJ  gov2.0  legal  mueller  politics  russia  special_counsel  trump 
yesterday by rgl7194
Mueller is Holding ‘Dozens of Sealed Indictments,’ Says Intel Source | Observer
For every day of his presidency—657 so far, if you’re counting—the issue of Donald J. Trump’s ties to Russia has darkened the Oval Office door. Since May 17, 2017, when former FBI director Robert S. Mueller was appointed Special Counsel to unravel Trump’s secret Kremlin linkages, the president has seethed, his rage seeping into his tweets. From its first day, President Trump has wanted to quash the Mueller investigation, and now he’s making his move.
But is it already too late? There’s mounting evidence it is, specifically that Team Mueller is ready to strike imminently with indictments, no matter what the White House does.
conspiracy  crime  DOJ  gov2.0  legal  mueller  politics  russia  special_counsel  trump 
yesterday by rgl7194
Iceland advert -
Clearcast is the body responsible for clearing ads on behalf of the four major UK commercial broadcasters.
We assess all ads against the rules of the UK Code of Broadcast Advertising; Clearcast is not a regulator and we do not ban ads.  The Iceland ad submitted to us is a Greenpeace film which has been appearing on the Greenpeace website for a number of months.
The specific rule Clearcast and the broadcasters have considered is:
An advertisement contravenes the prohibition on political advertising if it is:
An advertisement which is inserted by or on behalf of a body whose objects are wholly or mainly of a political nature.
Clearcast’s concerns do not extend to the content or message of the ad.
advertising  politics  legal  tenbillion  creative 
2 days ago by dancall
Opinion | Be Afraid of Economic ‘Bigness.’ Be Very Afraid. - The New York Times
"There are many differences between the situation in 1930s and our predicament today. But given what we know, it is hard to avoid the conclusion that we are conducting a dangerous economic and political experiment: We have chosen to weaken the laws — the antitrust laws — that are meant to resist the concentration of economic power in the United States and around the world.

From a political perspective, we have recklessly chosen to tolerate global monopolies and oligopolies in finance, media, airlines, telecommunications and elsewhere, to say nothing of the growing size and power of the major technology platforms. In doing so, we have cast aside the safeguards that were supposed to protect democracy against a dangerous marriage of private and public power.

Unfortunately, there are abundant signs that we are suffering the consequences, both in the United States and elsewhere. There is a reason that extremist, populist leaders like Jair Bolsonaro of Brazil, Xi Jinping of China and Viktor Orban of Hungary have taken center stage, all following some version of the same script. And here in the United States, we have witnessed the anger borne of ordinary citizens who have lost almost any influence over economic policy — and by extension, their lives. The middle class has no political influence over their stagnant wages, tax policy, the price of essential goods or health care. This powerlessness is brewing a powerful feeling of outrage."

"In recent years, we have allowed unhealthy consolidations of hospitals and the pharmaceutical industry; accepted an extraordinarily concentrated banking industry, despite its repeated misfeasance; failed to prevent firms like Facebook from buying up their most effective competitors; allowed AT&T to reconsolidate after a well-deserved breakup in the 1980s; and the list goes on. Over the last two decades, more than 75 percent of United States industries have experienced an increase in concentration, while United States public markets have lost almost 50 percent of their publicly traded firms.

There is a direct link between concentration and the distortion of democratic process. As any undergraduate political science major could tell you, the more concentrated an industry — the fewer members it has — the easier it is to cooperate to achieve its political goals. A group like the middle class is hopelessly disorganized and has limited influence in Congress. But concentrated industries, like the pharmaceutical industry, find it easy to organize to take from the public for their own benefit. Consider the law preventing Medicare from negotiating for lower drug prices: That particular lobbying project cost the industry more than $100 million — but it returns some $15 billion a year in higher payments for its products.

We need to figure out how the classic antidote to bigness — the antitrust and other antimonopoly laws — might be recovered and updated to address the specific challenges of our time. For a start, Congress should pass a new Anti-Merger Act reasserting that it meant what it said in 1950, and create new levels of scrutiny for mega-mergers like the proposed union of T-Mobile and Sprint.

But we also need judges who better understand the political as well as economic goals of antitrust. We need prosecutors willing to bring big cases with the courage of trustbusters like Theodore Roosevelt, who brought to heel the empires of J.P. Morgan and John D. Rockefeller, and with the economic sophistication of the men and women who challenged AT&T and Microsoft in the 1980s and 1990s. Europe needs to do its part as well, blocking more mergers, especially those like Bayer’s recent acquisition of Monsanto that threaten to put entire global industries in just a few hands.

The United States seems to constantly forget its own traditions, to forget what this country at its best stands for. We forget that America pioneered a kind of law — antitrust — that in the words of Roosevelt would “teach the masters of the biggest corporations in the land that they were not, and would not be permitted to regard themselves as, above the law.” We have forgotten that antitrust law had more than an economic goal, that it was meant fundamentally as a kind of constitutional safeguard, a check against the political dangers of unaccountable private power.

As the lawyer and consumer advocate Robert Pitofsky warned in 1979, we must not forget the economic origins of totalitarianism, that “massively concentrated economic power, or state intervention induced by that level of concentration, is incompatible with liberal, constitutional democracy.”"
timwu  economics  monopolies  history  bigness  scale  size  2018  telecommunications  healthcare  medicine  governance  democracy  fascism  government  influence  power  bigpharma  law  legal  robertpitofsky  consolidation  mergers  lobbying  middleclass  class  inequality 
2 days ago by robertogreco
Pre-trial risk assessments
Algorithmic decisionmaking tools are only as smart as the inputs to the system. Many algorithms effectively only report out correlations found in the data that was used to train the algorithm.

algorithms  legal  civil-rights  from notes
5 days ago by emilyamfm

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