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The appeals court said H.M.O.'s could be held accountable for such "mixed eligibility and treatment decisions" under state standards of medical malpractice.
While the business judgment rule protects executives from being held liable for bad decisions under state corporate law, those who work for banks now face a bit more risk of being struck by lightning by the F.D.I.C. F.D.I.C.'s Complaint Against Washington Mutual Executives Rotella's Motion to Dismiss F.D.I.C.'s Complaint Killinger's Motion to Dismiss F.D.I.C.'s Complaint.
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On Nov. 17, the California Supreme Court ruled that the proponents do have standing to appeal the decision under state law.
It was the second such decision under the state's Racial Justice Act and the first since the act was amended by the state legislature.
Kenneth E. Raske, president of the Greater New York Hospital Association, an industry group, told the panel that so-called safety-net hospitals, serving the poorest patients, were in trouble not just in Brooklyn but all over the state, because of state decisions under former Govs.
Under state law, their decision must be unanimous for Mr. Nichols to receive the death penalty.
That decision said that injury suits brought under state law challenging the failure to install air bags stood as an obstacle to the objectives of federal safety regulations, which were said to be the maintenance of manufacturers' choices.
Under state law, that decision rests with an administrative law judge.
With a mission of patient protection and doctor rehabilitation — not punishment — California's medical board and those in other states make decisions under laws and norms that can seem discordant in the #MeToo era.
The decision did not directly address the city's immunity under state laws because the court said it lacked jurisdiction to decide that question.
But he added, "We're obviously pleased with the decision insofar as it clearly held that the state officials acted illegally and without any authority under state law".
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