Tag: 上海夜网XO

  • Rule would limit malpractice fees

    first_imgRule would limit malpractice fees May 1, 2005 Managing Editor Regular News Rule would limit malpractice fees Mark D. Killian Managing Editor The Florida Medical Association has directed its attorney to file a petition with the Supreme Court to conform the Rules of Professional Conduct to the provisions set forth in Amendment 3, which limits contingency fees in medical malpractice cases to 30 percent of the first $250,000 awarded, not including costs, and to 10 percent above that.“Some lawyers have suggested that because the amendment is a constitutional provision, the client may waive its requirement and agree to a higher contingent fee than permitted by the amendment,” FMA’s lawyer, Stephen Grimes, wrote in the petition that was also signed by 53 other Florida lawyers that will be filed June 29 with the Supreme Court asking for the rule change. “Such a suggestion would have the lawyer negotiating with the client in order to have the client agree to give up his constitutional right in order that the lawyer may receive a higher fee,” Grimes wrote. “To permit such a practice would not only put the lawyer in an unethical position but fly in the face of the constitutional mandate overwhelmingly approved by the voters of Florida.”Alexander Clem, president of the Academy of Florida Trial Lawyers, said while the petition comes as no surprise, he is unaware of any other instances where citizens are unable to waive a constitutional right.“It gets down to the fundamental freedom of contract issue,” Clem said. “It is a federal constitutional right to contract as that person sees fit and it has always been a client’s privilege to waive rights that are granted to them under. . . federal and state constitutions.“Our position is that if a client chooses to waive his or her rights under Amendment 3, it is their privilege,” Clem said.The petition would amend Rule 4-1.5(f)(4)(b) by the addition of subdivision (iii) as follows:Notwithstanding the preceding provisions of subdivision (B), in medical liability cases, attorney fees shall not exceed the following percentages of all damages received by the claimant, exclusive of reasonable and customary costs, whether received by judgment, settlement, or otherwise, and regardless of the number of defendants:a. Thirty percent (30%) of the first $250,000.b. Ten percent (10%) of all damages in excess of $250,000.Bar rules allow any 50 members in good standing to petition the court for rules amendments, provided the amendments proposed are filed with the Bar at least 90 days before the petition is filed with the court and are published in the News at least 30 days before the petition in filed. (See Notice, page 2.)Grimes said the Florida Medical Association asked him to use the 50 member rule to petition for the change instead of going through the Board of Governors because the FMA feels the amendment “will be pretty contentious within the Bar association itself. . . and probably this would be the best way to get it up or down with the Supreme Court.”last_img read more

  • Pol Proposes Reforms to Ease Common Core Controversy

    first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York A Long Island lawmaker is urging New York State Education Department to delay for a year a plan to store students’ information on cloud-based network linked to the controversial Common Core State Standards.That is one of the nine proposed reforms—five policy recommendations and four bills—that State Sen. John Flanagan (R-East Northport) unveiled to address concerns with the roll out of the new state tests, privacy issues with planned data storage and implementation of the curriculum.“We are listening and we get it,” Flanagan, chairman of the state Senate education committee, told the Press following a news conference announcing the proposed package of reforms Thursday. “The public is beyond frustrated.”Flanagan proposed the measures after hearing more than 30 hours of testimony in five hearings and reviewing more than 1,000 pages of written testimony detailing problems with the roll out of the Common Core standards that were implemented this year.Parents, teachers and administrators have been extremely vocal about the stress and anxiety this education reform has caused in educators and students alike. But, Flanagan said the problem lies with the overall implementation of the standards and not with the standards themselves.“While there was certainly no consensus on Common Core itself, there was a consistent and coherent theme that Common Core standards are laudable and accomplish many positive things for our students,” he said.Aside from delaying the Education Data Portal to ensure student data protection, his policy recommendations to the education department include: expediting federal waivers from mandates on various testing restrictions including those for children with learning disabilities and English language learners; producing missing modules—packets that guide teachers on the curriculum; aligning assessments proportionally to curriculum already implemented; and increasing funding for professional development so that teachers would be more prepared to teach the new curriculum.Flanagan’s proposed legislation includes: a bill that would ban all standardized testing in children from preschool until second grade; an “Unnecessary Testing” bill that would require the state commissioner of education to expedite a review Annual Professional Performance Review plans to eliminate unnecessary assessments; a bill establishing civil and criminal penalties for privacy breaches to the student data portal; and a “Truth-in-Testing” bill that would require an audit and evaluate the testing program and require the state education commissioner to report the effectiveness on the Common Core state tests.These measures are designed to streamline an overwhelmingly complicated system while reducing testing for the children and holding those in charge of implementing the tests accountable, according to Flanagan. But the proposals did not pacify critics.“I was expecting a full meal and I got a Ritz cracker,” said a disappointed Dr. Joe Rella, superintendent of Comsewogue School District and fierce critic of the Regents Reform Agenda.Assemb. Al Graf  (R-Holbrook), who proposed a bill that would completely withdraw the state from the national Common Core and Race to the Top programs, was similarly unimpressed.“The ones we have are garbage,” Graf  said of Flanagan’s proposal to expedite the Common Core curriculum modules for teachers. “Why do we want more?”Rella agreed that nothing short of pausing the education reform full stop to examine each problem and address it properly is acceptable.“Stop it. Fix it,” he said. “And if it can’t be fixed, throw it out.”last_img read more

  • Australia’s most populous states start to ease virus lockdowns

    first_imgAustralia’s two most populous states, responsible for 65 percent of the nation’s coronavirus cases, are edging toward easing social-distancing restrictions after Prime Minister Scott Morrison urged them to start reopening the crippled economy.New South Wales Premier Gladys Berejiklian told reporters in Sydney on Sunday that the state would ease its lockdown from May 15. This would include permitting indoor gatherings of 10 people, which will enable retailers, small cafes and restaurants to allow access to some customers, albeit with strict social-distancing rules.“We need to fire up our economy, we need to get people back into jobs, we need to see some semblance of normality come back,” she said. While the state reported just two new virus cases in the past 24 hours, down from highs of about 200 a day about a month ago, Berejiklian said “we have to keep our vigilance” and holidays within the region would remain banned. The two most populous states have been more cautious amid recent outbreaks in a Sydney aged-care home and a Melbourne meat plant, which have been responsible for most of the nation’s new infections this month. Australia recorded 16 new cases of the virus on Saturday, a daily rise of 0.2 percent, bringing the total to 6,929.The lockdown has taken a heavy economic toll: unemployment is poised to double by July to about 10% and the nation is veering toward its first recession in almost three decades. Morrison is seeking a balance of containing the virus and lifting restrictions that are costing the economy A$4 billion (US$2.6 billion) a week.Health Minister Greg Hunt said on Sunday the Australia’s strict social-distancing measures, border closures and strong testing-and-tracing regime had put the nation in a good position to combat expected clusters of new virus cases as the lockdown eases.“As we move back to work, to normality, some things cannot change,” he said in a Sky News interview. “We shouldn’t be near people and we have to get the advice and encourage people to have the testing.”Topics : In Victoria, Premier Daniel Andrews is expected to announce some easing of restrictions on Monday, News Corp. reported Sunday.Australia’s three-stage plan for reopening, announced by Morrison on Friday, is designed to be implemented by the eight states and territories at their own pace. Western Australia state on Sunday said that from May 18 it will allow indoor gatherings, including in restaurants, of up to 20 people.Morrison is aiming for completion of the three steps by the end of July, putting the nation at the vanguard of developed economies emerging from the crisis. Australia has avoided the scale of sickness and death that’s ravaged countries including the UK, US and Italy.New South Wales and Victoria, the engine rooms of the country’s economy, have been more hesitant to announce relaxations of lockdown measures than smaller states and territories, some of which have gone for days without recording new cases.last_img read more

  • Germany urges WHO to hasten review of its handling of pandemic

    first_imgGermany’s health minister urged the World Health Organization (WHO) to speed up its review of how it handled the pandemic, apparently signaling Europe’s tougher line on the United Nations body.Berlin, which holds the rotating presidency of the European Union, has so far largely shielded the organization from the most intense criticism by Washington, which wants to leave the WHO because of its alleged excessive closeness to China.But now Germany seems to be taking a more assertive position. Tedros has said the panel will provide an interim report to an annual meeting of health ministers in November and present a “substantive report” next May.Spahn said the review was important now, even if the pandemic is still raging across the world, because “we can already draw conclusions.”This could lead to quick actions over the body’s governance and to improve “cooperation between the political and the scientific level” of the organization, Spahn added.EU governments have said the review should be followed by a reform of the organization, a possibility already being discussed with the United States and other members of the G7 group of rich countries, officials told Reuters.One official had said the aim was to ensure WHO’s independence.Topics : Spahn told reporters he had discussed the review of the WHO’s management of the crisis with its chief Tedros Adhanom Ghebreyesus twice over the last 20 days.”In both conversations I encouraged him very clearly to launch this independent commission of experts and to expedite its launch,” Spahn said.The WHO said last week it was setting up an independent panel to review its handling of the COVID-19 pandemic and the response by governments.US President Donald Trump has accused the WHO of being too close to China and not doing enough to question Beijing’s actions at the start of the crisis. Tedros has dismissed the suggestions and said his agency kept the world informed.last_img read more

  • Cricket News BCCI Elections On Oct 23 Instead Of Oct 22: CoA Chief Vinod Rai

    first_img For all the Latest Sports News News, Cricket News News, Download News Nation Android and iOS Mobile Apps. New Delhi: The BCCI’s much-awaited elections have been rescheduled by a day to October 23 in the wake of assembly elections in Haryana and Maharashtra, Chairman of the Committee of Administrators (CoA) running Indian cricket Vinod Rai told PTI on Tuesday.Both the states will be voting on October 21 in a single-phase elections and to ensure that voter members from the two units are not inconvenienced, the Cricket Board poll, which was to be held on October 22, has been postponed by a day.“The BCCI elections are on track. It’s just because of the state polls, we have decided to reschedule by a day. So it will now be held on October 23 instead of October 22. Anything else that you read anywhere will be factually incorrect,” Rai said on Tuesday.The CoA also extended the deadline for conducting elections of BCCI’s state units by a week, to October 4.Another CoA member Diana Edulji said while she is “against any delay in conducting the BCCI elections”, she understands that a day’s extension is due to state polls.“As per the Supreme Court order passed on September 20, the state units may be granted a few days’ grace but BCCI elections should be on time. We may defer it by a day due to assembly elections in Maharashtra on 21st,” the former India women’s captain said.Rai was happy with the outcome of the Supreme Court hearing on the Tuesday during which its petition seeking clarification on the permission granted to the Tamil Nadu Cricket Association to hold elections, was admitted.“Today, the petition came up for hearing. The BCCI counsel was there, TNCA counsel and amicus curiae P S Narsimha was there. I am happy with the outcome,” he said.“The SC took cognisance of the fact that some state units are misinterpreting the order mischievously on ‘disqualification being confined to office-bearers only’,” said Rai.“Many felt that it meant that the 70-year clause (age cap), non-Indian passport holder clause have been done away with, which is not the case,” the former CAG added.The CoA, in its petition to the apex court, has also submitted the status of compliance of 38 state units of BCCI.There are 24 full members, who have registered their respective constitutions as per CoA’s approval. Three members—Railways, Services and Universities—will have an authorised representative as per the BCCI constitution.The CoA has also informed the court that seven full members have had their constitution approved by it but have not yet submitted the document.There are two members, who are in dialogue with CoA and are on their way to compliance.According to the CoA, only two members—Haryana and Tamil Nadu are “not compliant and failed to bring their constitution in line with the approved one.”The BCCI elections will mark an end to the tenure of the Supreme Court-appointed administrators, governing Indian cricket. last_img read more

  • Gwent Masters announced as the card game targets esports

    first_imgGWENT Masters starts this month and runs until a ‘World Masters’ tournament in January 2019, where $250,000 will be up for grabs. The first event of the series will kick off in Cologne this Friday, the 25th of August. As one of eight planned Open Tournaments, it will have a prize pool of $25,000 (£19,500), and it takes place just a week before the Pro Ladder season starts on the first of September. Four “Challenger” events will also be run before the World Masters, with Poland, the United States, China and Japan each playing host to a competition. Each of those weighs in with a considerable $100,000 (£78,100) prize pool, bringing the total prize money up for grabs across all thirteen tournaments to a mammoth $850,000 (£664,000).That total could yet rise, as officially-sanctioned Gwent tournaments could also be run by third-party tournament organisers. With each having a minimum of $10,000 (£7,810) to win alongside “crown” ranking points, competition is sure to be fierce. Any further events run by community members won’t require licensing as long as they do not have prize pools over $10,000 – and these will not be able to offer official ranking points.Who will earn the right to one of eight qualifying spots available at most official tournaments will be determined by the number of “crown” points belonging to competitors. These can be attained through both tournament placings and performing on the pro ladder – which runs separately from the normal ranked lander. Each entrant will need to bring four unique decks to live events – and GWENT differs from Hearthstone in that players are ranked standing is calculated by averaging the rating of their four best unique decks.Esports Insider says: CD Projekt RED’s acceleration of GWENT esports is quite remarkable – this is a huge level up from the last competition held with ESL earlier this year. They seem to be going about it with confidence in their product, and will surely be drawing eyes from Blizzard with the strength of the format they are offering. Image: CD Projekt REDCD Projekt RED looks forward to a professional esports scene for its title GWENT: The Witcher Card Game with the introduction of a new competition, GWENT Masters.The new tournament series will have a year-long run, culminating in a World Masters championship with a sizeable $250,000 (£195,000) prize pool.last_img read more