VERIS, LLP NEWS AND ALERTS

5th Circuit Too Allows Carbon-as-Nuisance Suit

Following up on our earlier post, the 5th Circuit Court of Appeals has also chimed in on the carbon-as-nuisance debate, and agreed with the 2nd Circuit that such suits can go forward.  Most interesting, the 5th Circuit case was brought by private citizens who were victimized by Hurricane Katrina and who claim that global warming caused or contributed to the disaster.  (We are quite anxious to see the “Daubert” briefing on this one).
See the opinion here, and the 2nd Circuit opinion here.

COURTS TO PREEMPT CARBON TAX DEBATE ?

The Second Circuit Court of Appeals revived a lawsuit brought by several states and environmental groups against coal-burning power plants for the alleged harm that their carbon emissions inflict on the environment.  Absent intervention by the Supreme Court or preemption by Congress, it appears that a court may be allowed to determine whether carbon emissions are a public nuisance, and therefore whether businesses that emit carbons have to pay damages (or a de facto carbon tax) to states or others affected.
We’re curious to see the evidence (and the number of interested parties) on both sides. You can find the full opinion here.

CA EMPLOYERS: THE STATE IS REQUIRING YOUR HELP

As of November 1, 2009, employers in California will be using a new state income tax withholding table thanks to ABX4-17.  This law increases  the amount of income taxes withheld by 10% based on existing claimed exemptions. This law also increases the rate of withholdings for supplemental wages, such as exercised stock options and bonuses. As of January 1, 2010, you can also thank ABX4-18X for the imposition of a 7% backup withholding for certain payments to non-employees, such as independent contractors, where otherwise required under the Internal Revenue Code.

BALANCE BILLING DEAD IN CALIFORNIA

The Supreme Court of California ruled this week that emergency rooms can no longer charge patients for what the patient's insurance company does not cover ("balance billing").  In fact, the Court ruled that the practice has been illegal for some time.  You can download a copy of this decision, Prospect Med. Group v. Northridge Emergency Med. Group, here.

I have seen treatment of this case elsewhere, but nothing on how useful this is to small business people.  Many folks have had these charges lingering on their credit reports for years (a 4 a.m. trip to the ER in college perhaps).  Small business owners reliant upon their personal credit should certainly consider having them removed for good based on this decision.  If they are not removed, you may have a fairly easy $1000 claim under the Fair Credit Reporting Act.