Feeds:
Posts
Comments

Archive for the ‘Senate’ Category

My longtime friend and confidant Harley Purvis, he of the booth in the back in the corner in the dark at John Wayne Culpepper’s Lip-Smackin’ Bar-B-Que House of Prayer and Used Light Bulb Emporium in Watson, had a term for the Louisiana House of Representatives passage of HB 602 yesterday:

Bats**t crazy.

And truly, that’s the only appropriate description of this house of morons who can’t seem to pass a budget but can agree that anyone with a concealed permit may enter any public school in Louisiana locked and loaded.

To give proper credit, there were 37 MEMBERS who voted nay on the bill authored by Rep. Blake Miguez (R-Erath) and Sen. Neil Riser (R-Columbia) and another nine didn’t vote.

So, what’s so terrible about HB 602 that it’s got my shorts twisted in a knot?

Well, quite simply, these two idiots think it’s perfectly okay for anyone armed with a concealed weapon to enter a school building in Louisiana—so long as they have a concealed carry permit.

And if you two idiots think you can come after me for libel for correctly calling you idiots, then bring it on, ass clowns. As for me, I’ll shout it from the highest building in Baton Rouge that you never quite completed your potty training before being elected to the Louisiana Legislature.

What person in his right mind, after the horrors of Sandy Hook and Parkland and Columbine, to name only three of the number of school shootings for which we long ago lost accurate count, would ever suggest that it’s okay for anyone, permitted or not, to enter a school building armed?

BATS**T CRAZY.

Somehow, I suspect that this has the fingerprints of the American Legislative Exchange Council (ALEC), and certainly the NRA, all over it.

Do take a careful look at the vote to see how your representative voted. Out where I live, Rogers Pope did not vote but I have every confidence that had he been present, he would have voted against the bill. He’s a former teacher and the retired Superintendent of Livingston Parish Schools.

Valerie Hodges, from further north in Livingston Parish, voted for the bill but that’s no surprise. She’s the one who voted to give state financial aid to religious-affiliated schools a few years ago and then blew a gasket when an Islamic (yes, Valerie, Islam is still a religion) applied for funding.

From Lincoln Parish, where I grew up, I’m proud to say that Rob Shadoin had the good sense to vote no.

As for Neil Riser, I’ve said before and I’ll say it again, His sponsorship of such an asinine bill is a blatant conflict of interest: He owns two funeral homes.

If I’m reading this bill correctly (and it’s pretty straightforward), it does not permit teachers, administrators, school employees, or students to arm themselves on campus. Well, thank God for small favors.

The bill also says, “Nothing…shall limit the authority of a school board or school to prohibit a person from carrying a firearm, or to regulate the carrying of a firearm, in certain venues or facilities within the school district or an individual school unless the person is otherwise authorized to do so by law.”

So, I suppose the bill still gives the locals some say-so as to the prohibition of weapons on school campuses and in school buildings.

That being the case, what is the purpose of the bill in the first place? Apparently, to open the door (so to speak) to concealed carriers should local school districts or schools fail to expressly prohibit weapons in schools or on campuses.

Present law provides that a concealed handgun permit “does not authorize nor entitle the permit holder to carry a concealed handgun in certain places, including into a school, school campus, or a school bus,” the bill says.

The bill proposes to remedy that by repealing the exception “relative to schools, school campuses, or school buses, but provides that if the concealed handgun (permit holder) is a teacher, administrator, or employee of any school acting within the course and scope of his employment or is a student of any school,” the provisions of the proposed law “shall not be construed to authorize the teacher, administrator, employee, or student of the school to carry a concealed handgun into any school, school campus, or school bus unless specifically authorized to do so by law.”

This, folks, is insanity, pure and simple.

If you have children, grandchildren or if you have a loved one who is a teacher or staff member at a school in Louisiana, I implore you to first, ask yourself what possible reason could someone have to enter a school building with a loaded gun? After you’ve pondered the logic behind that warped thinking, call your senator and demand that this irrational, this madness, be stopped in its tracks.

Call me a bleeding heart, I don’t mind. I’ll take that any day over reading or writing about bleeding children and teachers.

Read Full Post »

To some readers, this will come under the heading of extremely old news.

To others, it will be a revelation well worth the time to read if for no other reason than to remind us how those in positions to do so tend to take care of their own.

I’m talking about House Bill 1351 of the 2004 legislative session—14 years ago.

It was what insiders to the legislative process sometimes refer to as a snake because it is sneaked into the process as an apparently innocuous piece of legislation. In reality, however, it is a self-serving bill that does nothing to benefit the general population but which serves the purposes of only a small minority, a mere fraction of the population: those in control of the system.

Signed into law by Gov. Kathleen Blanco after passing both chambers unanimously (with five absences—four in the House and one in the Senate), and authored as HB 1351 by then Rep. Taylor Townsend, the bill gave sweeping powers to legislators and staff members to literally snub their collective noses at the authority of state courts.

Should you ever be subpoenaed as a witness or a defendant in a civil or criminal matter, you had best be in court clad in the proper attire, with a respectful attitude and at the appointed time lest you bring the wrath of the presiding judge down upon your spinning head. Try to ignore that subpoena or otherwise buck the system and you’re likely to be shown your new quarters in a local holding cell and with a special new nom de plume, courtesy of the occupants already there: “Fresh Meat.”

Unless you serve in the legislature or are employed by same.

In strict legalese, Act 873, which is formally referred to as R.S (for Revised Statute) 13:4163, is an “Ex parte motion for legislative continuance or extension of time, legislators or employees engaged in legislative or constitutional convention activities.”

In plain English, it’s a doctor’s excuse to skip class for extended periods of time.

With a not from appropriate authority, i.e. the clerk of the House or secretary of the Senate, a legislator or a legislative staff member, when subpoenaed for a court proceeding, may thumb his or her nose at the judge because the STATUTE gives them that authority over a court order.

It says so, right there in the second paragraph: “A member of the legislature and a legislative employee shall have peremptory grounds for continuance or extension of a criminal case, civil case, or administrative proceeding…The continuance or extension shall be sought by written motion specifically alleging these grounds.”

The statute also says the continuance (legal term for delay) is for the benefit of the legislator or legislative staff member “and may only be asserted or waived by a member or employee.” It even applies of the legislator is an attorney who enrolled as counsel of record in the court matter.

In other words, someone with important business before the court will just have to cool his heels while his attorney/legislator tends to more important matters, i.e. taking care of campaign contributors like oil and gas companies, nursing homes, pharmaceutical firms, banks and members of the Louisiana Association of Business and Industry (LABI) and the American Legislative Exchange Council (ALEC) by making sure they are not overburdened with silly requirements to pay their fair share of taxes.

And you surely wouldn’t want your legislator missing out on a fine supper at Sullivan’s or Ruth’s Chris, a gala crawfish boil or some other after-hours function because he was hung up in court representing some poor nobody in a criminal case or civil lawsuit.

Boy Howdy, talk about rank having its privilege.

This exemption even extends to legislative committees and/or subcommittees in addition to legislative sessions and constitutional conventions (the last one of those, by the way, was in 1974 but hey, why take chances?).

So next time you’re required to be in court as a plaintiff, defendant, legal counsel for either side, or a jury member, just be thankful you aren’t a legislator so heavily burdened with the state’s pressing business that you would have to decline the judge’s invitation to attend.

Read Full Post »

Something happening here,

What it is ain’t exactly clear

 

The 1967 Buffalo Springfield Vietnam War protest song, For What It’s Worth could be applicable to just about any scenario in Louisiana politics but probably never more so than with HOUSE BILL 727 by State Rep. Major Thibaut (D-New Roads).

Thibaut, posing as a Democrat but appearing to be anything but, apparently wants to repeal the FIRST AMENDMENT which guarantees American citizens the right of peaceful assembly.

HB 727, which has 50 additional co-authors in the House and 14 in the Senate, would amend an existing statute in accordance with the dictates of the AMERICAN LEGISLATIVE EXCHANGE COUNCIL (ALEC), which long ago wormed its way into the Republican mindset as a means of advancing its agenda.

That agenda, of course, works hand-in-hand with that of corporate America—big oil, big banks, big pharma, charter schools, and private prisons, among others—to the overall detriment of those who ultimately foot the bill—the working stiffs of middle America who continue to convince themselves that their interests are compatible.

The bottom line is this: if the corporate giants are shelling out millions upon millions of dollars to lobby lawmakers and to finance their campaigns, you can bet they’re in bed together. And when they whisper sweet nothings in each other’s ear, they ain’t discussing how to make your life easier.

And that’s HB 727 and ALEC are all about. While the seemingly innocuous bill appears only to lay out penalties for trespassing onto “critical infrastructure,” and to include “pipelines” or “any site where the construction or improvement of any facility or structure…is occurring” to the definition of critical infrastructure, the wording of the bill includes subtle landmines designed to discourage otherwise legal protests.

For instance, while criminal trespass and criminal damage has long been considered a violation of the law, the bill adds this provision:

“Any person who commits the crime of criminal damage to a critical infrastructure wherein it is foreseeable that human life will be threatened or operations of a critical infrastructure will be disrupted as a result of such conduct shall be imprisoned at hard labor for not less than six years nor more than 20 years, fined not more than $25,000, or both.”

There’s a man with a gun over there

Telling me I got to beware

The key phrase here is “wherein it is foreseeable…”

This is a pretty subjective call on someone’s part. Just who decides what is “foreseeable”?

And then there is the conspiracy clause that’s added to the bill.

HB 727, which passed the HOUSE by an overwhelming 97-3 vote with five members absent, provides if “two or more” person conspire to violate the statute, each “shall be imprisoned with or without hard labor for not more than five years, fined not more than $10,000, or both.”

Just what would constitute a “conspiracy” in this case? Well, it could mean the simple discussion of possible trespass. Whatever it is, the word “foreseeable” is thrown into the mix again. So, a protest in the proximity of pipeline construction could conceivably be construed by an ambitious prosecutor as “conspiracy” and any discussion during such a protest could become a conspiracy.

Besides being yet another windfall for the private prisons, this bill is nothing more than a means to discourage protests over pipeline construction through sensitive areas such as the Bayou Bridge Pipeline, a joint venture of Energy Transfer Partners and Phillips 66 (keep those names in mind; they’ll come up again later).

It’s also an obvious effort to placate ALEC and the oil and gas industry that has held this state, its governors and legislators captive for a century. The political leaders of this state, from the governor on down, won’t go to the bathroom without permission from Mid-Continent Oil and Gas Association, which boasts on its WEB PAGE that it is “Louisiana’s longest-standing trade association” (read: lobbying arm of the petroleum industry).

There’s battle lines being drawn;

Nobody’s right if everybody’s wrong

What’s not difficult to believe is the motivation behind nearly half of the bill’s sponsors.

Of the 51 representatives and 14 senators who signed on as co-authors of the bill, 31 (23 representatives and eight senators) combined to rake in $62,500 in contributions from Transfer Partners and Phillips 66 since January 2011.

ENERGY TRANSFER PARTNERS CONTRIBUTIONS

PHILLIPS 66 CONTRIBUTIONS

Phillips also gave $3,500 to Senate President John Alario and Energy Transfer Partners chipped in another $4,000. Additionally, Energy Transfer Partners gave $4,000 to then-Sen. Robert Adley of Bossier Parish who was appointed by Gov. John Bel Edwards as Executive Director of the Louisiana Offshore Terminal Authority, $2,000 to then-Rep. Jim Fannin of Jonesboro who served as Chairman of the House Appropriations Committee at the time.

Energy Transfer Partners also contributed $5,000 to Edwards, who is on record as SUPPORTING the Bayou Bridge project, and Phillips 66 added another $5,500.

Thibaut was not one of those. But he did specialize in accepting campaign contributions from more than 40 political action committees—including several aligned with energy interests. In all, he pulled in $105,000 from PACs since 2008, campaign records show.

Those PACs included such diverse interests as dentists, bankers, payday loan companies, optometrists, insurance, student loans, pharmaceutical companies, sugar, realtors, and nursing homes, to name only a few.

EASTPAC, WESTPAC, NORTHPAC, and SOUTHPAC, four PACs run by the Louisiana Association of Business and Industry (LABI) combined to $13,750 to Thibaut, records show, while the Louisiana Manufacturers PAC gave $11,000.

With that money stacked against them, the Bayou Bridge pipeline opponents are fighting an uphill battle, especially with leaders like Edwards already having publicly endorsed the project.

The end game, of course, is to head off a repeat of STANDING ROCK, the largest Native American protest movement in modern history over the construction of a 1,170-mile Dakota Access pipeline, of which the BAYOU BRIDGE project through the Atchafalaya Basin is a part. Opponents of the 162-mile Bayou Bridge project—from St. James Parish to Calcasieu Parish—say would harm the area’s delicate ecosystem.

Standing Rock was an ugly scene, further illustrative of how this country has time after time ripped land, basic human rights and dignity from the country’s original inhabitants, inhabitants who weren’t even recognized as American citizens until 1924 even though more than 12,000 fought for this country in World War I.

Standing Rock apparently was such a national emergency that St. Charles Parish Sheriff Greg Champagne, at the time President of the National Sheriffs’ Association, found it necessary to visit Standing Rock in 2016 and to write a lengthy self-serving account in the association’s online PRESIDENT’S PODIUM of the carnage he witnessed at the hands of the protestors whom he described in less than glowing terms.

His article prompted a lengthy REBUTTAL by Cherri Foytlin, state Director of BOLD LOUISIANA in Rayne and Monique Verdin, a citizen of the UNITED HOUMA NATION, who also were at Standing Rock. It’s difficult to believe, after reading the two missives, that they were at the same place, witnessing the same events play out.

What a field day for the heat;

A thousand people in the street

Singing songs and carrying signs

Mostly saying, “hooray for our side.”

Read Full Post »

JIM BROWN, Louisiana’s erstwhile legislator, secretary of state, gubernatorial candidate, state insurance commissioner and self-described victim of an over-zealous FBI HATCHET JOB, today has a radio talk show and publishes an Internet blog as well as dabbling in the BOOK-PUBLISHING business.

On May 6, Brown will turn 78 but as a former track star at the University of North Carolina (he was the first athlete recruited by the legendary Dean Smith), he has certainly shown no signs of slowing down.

But this isn’t about Jim Brown per se. It’s about a post by Brown that reminded me just how unfair American justice can be and how badly the FBI can screw up.

Even FBI directors and agents who screw up and are eventually promoted to director of the FBI.

Agents like James Comey and former Director Robert Mueller.

In the interest of full disclosure and as an open admission that I am not an “objective news reporter” by any stretch, I want to say it pains me greatly to write anything that puts Donald Trump, whom I detest with every fiber in my being, in a favorable light—even by comparison. I will add that I purchased Comey’s book and actually started reading it. But I put it down after a few pages of self-serving fluff about what a great kid he was growing up, how he was bullied, and how he rose above it all. It just seemed to be a little too me, me, me.

I know I will receive critical comments, and though I am no fan of Hillary Clinton, I remain firmly convinced that the accident of Donald Trump (elected with a substantial minority of popular votes) is the worst tragedy to befall this nation since the Civil War. By comparison, LBJ was a benevolent father figure, Nixon a saint, George W. Bush a towering intellect, and Bill Clinton a paragon of marital fidelity.

But here’s the thing, as Brown reminds us in his POST: Comey, abetted by his boss, then-FBI Director Mueller, literally ruined the life of an LSU professor a mere 16 years ago.

It all actually started in 2001. Mueller had been appointed FBI Director in July of that year by W. In a matter of days after the 9/11 attacks on the World Trade Center and the Pentagon, the first of several envelopes containing deadly anthrax were sent to NBC News, the New York Post and the publisher of The Sun and The National Enquirer tabloids. In October, two more such envelopes were received at the Senate offices of Tom Daschle and Patrick Leahy. In all, 17 persons fell ill and five died from anthrax inhalation.

It didn’t take long for fingers to start pointing (incorrectly) to an obscure medical doctor named Steven Hatfill who once had worked at the Army’s elite Medical Research Institute of Infectious Diseases (USAMRIID), which, coincidentally, had stocks of anthrax, according to a lengthy 2010 article in THE ATLANTIC, entitled simply, “The Wrong Man.”

Hatfill immediately became the central figure in a media circus and the FBI was happy to oblige the need to find a scapegoat for the anthrax letters. He was working at Science Applications International Corp. (SAIC), a large defense contractor, from 1999 to 2002, where he was involved in developing a brochure for emergency personnel on ways in which to handle anthrax hoax letters.

He wasn’t surprised, then, when the FBI wanted to interview him for what he thought was the agency’s pursuit of foreign terrorists. He assumed that the FBI was routinely interviewing all scientists who had worked at USAMRIID.

It didn’t seem to matter to the FBI that anthrax is a bacterium and Hatfill was a virologist who never handled anthrax.

Investigators raided Hatfill’s girlfriend’s townhouse, telling her, “Your boyfriend killed five people.” He was fired from SAIC with the official explanation being that he had failed to maintain a necessary security clearance (a disqualification that would eliminate about half of Trump’s White House staff).

And here’s where the local angle comes in. He thought he’d landed on his feet when LSU hired him as the associate director of its new program designed to train firefighters and other emergency personnel to respond to terrorist acts and natural disasters. The pay ($150,000) was to be the same as he’d made at SAIC.

But Justice Department officials, in their desperation to nail Hatfill, told LSU to “cease and desist” from using him on any federally-funded program. Accordingly, he was fired before his first day on the job. Then other prospective jobs fell through. Like the anthrax he was suspected of sending, he became toxic. One job fell through his fingers like so much sand when he emerged from a meeting with prospective employers only to find FBI agents videotaping them.

For two years, his friends were interrogated, his phone was tapped, surveillance cameras recorded his every move. (Comey recently said in his ABC-TV interview with George Stephanopoulos that if an FBI agent can’t put his investigation together in 18 months, he should be fired.)

The FBI brought in two bloodhounds from California whose handlers insisted the dogs could sniff the scent of the killer on the anthrax letters—never mind that sniffing the letters would have been lethal to the animals. When Hatfill petted the dogs, their handlers said the dogs responded “favorably,” proof that Hatfill was the killer.

If the FBI had shown even a fraction of investigative professionalism in the dog handlers’ backgrounds as they had in Hatfill’s, they might well have sent the handlers—and their dogs—packing. Defendants in California who had been convicted on the basis of the dogs’ behavior were later exonerated. In one case, a judge called the dog handlers “as biased as any witness that this court has ever seen.”

But Mueller was infatuated with the dog evidence, however, personally assuring Attorney General John Ashcroft that they had their man. Comey, asked if Hatfill might be another Richard Jewell (the Atlanta security guard wrongly accused of the Olympics bombing), was just as adamant, saying he was “absolutely certain” there was no mistake.

Well, as we all know by now, Hatfill was innocent.

Mueller and Comey’s certainty that he was the anthrax killer eventually cost the Justice Department nearly $6 million in a LEGAL SETTLEMENT. Refusing to attend the press conference announcing the resolution of the case, Mueller was less than contrite about ruining an innocent man’s life. Responding later to reporters’ questions, he said, “I do not apologize for any aspect of the investigation. He added that it would be erroneous “to say there were mistakes.”

But, Mr. Mueller…there were mistakes. There was incompetence. There was recklessness. Most of all, there was a total lack of concern for an innocent man’s life—all for the benefit of advancing the careers of ambitious men too caught up in their own careers to think of the impact their actions might have on another’s livelihood.

As much as I loathe Trump and all he stands for, I fervently hope that Mueller—and by extension, Comey—haven’t traveled down that same path in the investigation of Russian interference in the 2016 election.

And last of all, but certainly not least, thanks to Jim Brown for reminding us of a dark chapter in LSU’s history, a chapter in which there should be everlasting shame, one that ranks right alongside that of the sorry saga Ivor Von Heerden’s firing over his criticism of the U.S. Army Corps of Engineers following Hurricane Katrina (it turned out his criticisms were dead-on)—neither of which should ever be forgotten.

Read Full Post »

Physicians Health Foundation (PHF), which for years has abetted the Louisiana Board of Medical Examiners in targeting vulnerable medical practitioners in a manner reminiscent of the tactics employed by the Louisiana State Board of Dentistry, now finds itself in the crosshairs of State Sen. John Milkovich (D-Shreveport).

Both boards have for years flown under the radar of governors, legislators and the media but more and more, attention is being given to their near-autonomous rule by intimidation and extortion.

PHF, also known as the Healthcare Professionals’ Foundation of Louisiana (HPFL), is located on Bluebonnet Boulevard in Baton Rouge and it currently is about halfway through a three-year, $1.35 million contract with the Board of Medical Examiners to run a “Statewide Operations of Physicians Health Program.”

And, since the Board of Dentistry has been mentioned, it might be worth noting that PHF also is just over a year into a three-year, $287,000 contract with that board to “develop, create and administer the Dental Health Professional Monitoring Program.”

By its own admission in a lawsuit to be discussed later in this post, it is not a treatment facility. So, just what does PHF (or HPFL) do to earn its money?

Well, for the Board of Medical Examiners, it appears to extract huge fees from medical professionals (which includes doctors, physician assistants, podiatrists, medical psychologists, dentists and dental hygienists) who are found to have addiction problems or who the board deems to have committed other transgressions.

And since its contract with the Board of Medical Examiners includes dentists, it is unclear why there is a need for a separate $287,000 contract with the Dentistry Board.

But like the Dental Board, the Board of Medical Examiners has set itself up as accuser, prosecutor, judge and jury in investigating complaints and handing down its decisions. Again, like the Dental Board, the Board of Medical Examiners even conducts its own hearings whenever a doctor appeals one of its decisions.

And the board remains a stellar undefeated record in 20 years of reviews of its decisions that are appealed.

Which probably is the reason Sen. Milkovich feels the need for his SB 286, which would establish a Physicians’ Bill of Rights designed to protect their rights whenever they are brought under the scrutiny of the board. More about that shortly.

In addition to its ability to suspend licenses of medical professionals, the board wields a big stick in its ability to coerce licensees into signing consent agreements to enter into rehab.

And those consent agreements often come with large price tags in the form of fees and penalties. Many state regulatory boards, the Board of Medical Examiners and the Dentistry Board included, receive their budgets not from legislative appropriations but from membership fees and financial penalties assessed against members accused and convicted of violations, some of which, though minor, still carry large fines.

Doctors and other medical practitioners apparently are referred to the rehab centers by PHF (or HPFL) whose spokesperson indicated to LouisianaVoice that it has a list of approved facilities in Louisiana, Mississippi and Alabama, among others.

PHF’s $1.35 million contract with the Medical Board runs from Aug. 1, 2016 through July 31, 2019.

One of those rehab centers is PALMETTO Addiction Recovery Center in Rayville.

That facility became involved in a lawsuit in 2009 after one of its staff members. Dr. Douglas Wayne Cook became sexually involved with one of the center’s patients. The husband of the victim sued Cook, who is no longer with Palmetto but who does continue to have a private practice in Richland Parish.

 

Milkovich’s bill, already reported out of committee favorably, is scheduled to be brought before the entire Senate on Monday.

“Under Louisiana’s current board system, physicians often face an uneven playing field, rigged proceedings, and a stacked deck,” Milkovich said. “Licensed, dedicated and highly qualified professionals may have their licenses threatened, suspended, or revoked, based on false accusations, anonymous complaints, and spurious charges. Doctors are often administratively charged by the board without even being informed of the identity of their accusers, the evidence against them, or even the substance of the accusations brought against them. This injustice is compounded by the heavy-handed and inequitable tactics employed by some Board staff.

“We understand that there must be a fair and sound disciplinary process for physicians, to protect the public. However, the goal of board proceedings for physicians should be impartiality, fairness, and integrity—not intimidation, falsification, and inequity.

“The aim of SB 286 is to level the playing field, un-stack the deck and render the Board’s adjudication of doctors more transparent. Everyone deserves Due Process. And that includes doctors.”

The bill, according to the BATON ROUGE ADVOCATE, would require stricter communication requirements during board investigations and would require that the board provide physicians under investigation written notice of complaints within 10 days or receipt. Moreover, the bill would require that the board reveal the identity of the complainant and would prohibit ex parte communications by board members prior to a hearing on the pending investigation.

One critic of the board, Dr. Greg Stephens said criminals and terrorists receive “more due process than we give doctors.” He and his former boss, Dr. John Gianforte, said they were coerced into consenting to voluntary license suspensions and mandated substance abuse treatment without either being allowed to give their side of the story.

They were suspended following claims that Stephens allowed unqualified staff members to write and sign prescriptions in his name while serving as medical director at a clinic in Shreveport when in fact, the prescription pad was stolen by two employees and Stephens’ name forged. Gianforte said the two employees were fired and one was later charged by law enforcement authorities.

Milkovich even cited a case where a New Orleans physician practicing at Tulane Medical Center committed suicide last November. His license was summarily suspended in June following an investigation but was reinstated in October. By then, however, the doctor had lost privileges, positions and future opportunities as a result of the investigation, the senator said.

In another case, the family of another doctor filed suit against PFL when the doctor, informed that he had had tested positive for drug use, committed suicide a few hours later. The doctor’s family was told by PFL that its programs and personnel had statutorily qualified immunity from legal liability regarding their activities and that they were further protected by a release and a hold-harmless agreement with the Physicians Health Program.

RAMEY V. DECAIRE

PHF was successful in getting the Louisiana Supreme Court to rule that it was exempt under the peremptory exception of no cause of action and the family’s lawsuit was dismissed. PHF, apparently not satisfied with merely winning, then went after the family for legal sanctions, claiming their suit was frivolous and without reasonable good faith. The trial court denied PHF’s motion and PHF appealed. The First Circuit Court of Appeal upheld the trial court and assessed costs against PHF.

Read Full Post »

« Newer Posts - Older Posts »