Piccione & Piccione criminal defense lawyers in Lafayette Louisiana

01/27/2025

This almost makes you wish we just had a single payer system, like Medicare for All.

Insurance Denials Blamed for Fatal Delays in Medical Care
Doctors are accusing major U.S. health insurance companies of prioritizing profits over patient health by causing deadly delays in vital medical procedures, according to interviews conducted by The Guardian. Physicians, including former Express Scripts Chief Medical Officer Dr. Ed Weisbart, allege that companies like UnitedHealthcare deny basic scans and take months to reconsider, leading to potentially fatal consequences. Dr. Cheryl Kunis, a nephrologist, recounted a case where a patient died after a six-month delay in receiving a PET scan due to insurance denial. Doctors also criticized “peer-to-peer” reviews, arguing that insurance representatives often lack the necessary medical expertise. Dr. Philip Verhoef, an intensive care unit physician, described these reviews as a "farce." Physicians cited instances of patients requiring intensive care due to preventable illnesses resulting from insurance denials of necessary medications. They contend the insurance business model relies on delaying and denying care to maximize profits. The industry lobby group, AHIP, responded in a statement saying that health plans, providers, and drugmakers share responsibility for affordable and accessible care.

Michael Sainato, The Guardian 1/26/2025This

10/03/2024

A Prosecutor Allegedly Told a Witness To Destroy Evidence. He Can't Be Sued for It.

Consider the following hypothetical: You are jailed for two years as you await trial for murder. You are facing the death penalty. You have cancer, which had been in remission until you were incarcerated without proper treatment and monitoring. And, it turns out, you were charged based on a false witness statement, a fact that the local prosecutor allegedly encouraged the destruction of evidence to obscure.

Now imagine suing that prosecutor and being told you have no recourse because such government employees are entitled to absolute immunity.

That is, unfortunately, not a hypothetical. It describes the case surrounding Nickie Miller, a Kentucky man who was implicated in a bizarre murder plot by a woman to whom the government had offered a deal to avoid prison time. That witness, Natasha Martin, almost immediately sought to recant. Law enforcement wouldn't accept that. She testified before a grand jury, and then she tried to recant again, writing in jailhouse letters that her statement came in response to "coercive interrogation techniques, threats, and undisclosed promises of consideration."

When Miller's defense team caught wind of those letters, it obtained a court order for them. Martin asked Assistant Commonwealth Attorney Keith Craycraft how she should comply, to which he allegedly responded that she should destroy the correspondence. She did. (Craycraft acknowledges he spoke with Martin by phone after the court order but denies telling her to destroy evidence.)

The state eventually dropped the charges against Miller. His two years in jail, however, took a toll, according to his criminal defense attorney, who said Miller's cancer was in remission but recurred after the state locked him up, as he could not access his medication.

Following his release, Miller sued Craycraft. The district court concluded Craycraft was entitled to absolute immunity. The U.S. Court of Appeals for the 6th Circuit subsequently noted that Craycraft's alleged chicanery was "difficult to justify and seemingly unbecoming of an official entrusted with enforcing the criminal law." But that court went ahead and ratified the grant of absolute immunity anyway—a testament to the malfeasance the doctrine permits.

Core to the decision, and to similar rulings, is Imbler v. Pachtman (1976), the precedent in which the Supreme Court created the doctrine of absolute prosecutorial immunity. The Court ruled that a man who had spent years in prison for murder could not sue a prosecutor who allegedly withheld evidence that eventually exonerated him.

08/21/2024

‘Car Insurance Rates Could Jump 50% in 3 States this Year.’

"There's some bad news ahead for the nation's car owners, with a new report forecasting that auto insurance — one of the biggest drivers of inflation this year — will continue to rise in 2024. In fact, residents of three states could see their coverage rates spike by 50% in 2024. That's according to a new report from Insurify, a company that provides data about auto insurance rates. The three states where insurance rates could jump by more than 50% this year are California, Minnesota and Missouri, the Insurify report found. Drivers in those states could see their rates rise by 54%, 61% and 55%, respectively. ...

'Increasingly severe and frequent weather events are driving up auto insurance premiums,' Insurify said in its report. 'Hail-related auto claims represented 11.8% of all comprehensive claims in 2023, up from 9% in 2020, according to CCC Intelligent Solutions.' Drivers in Maryland currently pay the highest average rate, at $3,400, for annual full coverage as of June, the Insurify analysis found. The second most expensive state is South Carolina, with an average policy premium of $3,336 in June. As CBS News has reported, there are additional reasons, aside from climate events, that are driving up auto rates — even if your driving record hasn't changed. First, the costs paid by insurance providers to repair vehicles after an accident, such as for labor and parts, have increased more than 40%, and insurers are passing those increases onto drivers."

Aimee Picchi, CBSNews.com 8/19/2024

04/25/2024

New York's highest court overturned Harvey Weinstein's 2020 s*xual assault conviction this morning, a landmark case in the movement. The court found that the trial judge allowed prosecutors to introduce irrelevant testimony and unfairly cross-examined Weinstein, harming his defense. This decision allows Weinstein a new trial, though prosecutors have indicated they intend to retry the case. A dissenting judge expressed concern that the ruling weakens efforts to hold s*xual predators accountable. Manhattan District Attorney Alvin Bragg will now have to decide how to proceed in the case. Weinstein is already facing a separate prison sentence in California for another s*xual assault conviction. The impact on his current sentence remains unclear.

Johan Ahlander, Reuters 4/25/2024

04/08/2024

‘Hands-Free Driving Legislation Moves Through State Senate’
"A renewed push to ban holding your phone while driving in Louisiana moves through the state senate unopposed, but there are some strong opinions on both sides of the bill. The bill from Senator Patrick McMath of Covington would prohibit handheld use of wireless devices while driving on any public roadway. Using your phone would be a primary offense in school zones and work zones, and everywhere else, it would be considered a secondary offense. A first offense carries a fine between $50 and $100; future offenses could result in fines between $100 and $300 and community service. The fine is doubled for those involved in a crash. ... Those in opposition called the bill government overreach and unconstitutional. Some suggested people will end up trying harder to hide their phones, which will distract them even more. ...

A spokesperson for AAA said research shows drivers using their cell phones are 12 times more likely to be involved in a crash. 'Louisiana absolutely has an auto-insurance affordability problem. You have the most expensive auto-insurance in the country,' Angela Nelson, VP of Public Government Affairs for AAA. 'Car crash equals insurance claim. You have more crashes, you have more costly insurance claims, premiums go up. It’s math.' Nelson also said Louisiana drivers are on their cell phones 30% more than any other drivers in the country, making our state the third highest rate of distracted driving in the US."

Ashlyn Brothers, New Orleans (WVUE), Fox8live.com

03/31/2024

‘Louisiana House OK's Bill Allowing Insurance Companies to Drop More Policyholders’

"The Louisiana House voted Wednesday to allow insurance companies more leeway to drop homeowner policies. Companies are currently banned by law from dropping homeowners who have been customers for at least three years. Rep. Gabe Firment, sponsor of the legislation, House Bill 611, said it is badly needed because Louisiana is the only place in the world that imposes the three-year restriction on insurance companies that his bill would repeal. The vote was 72-32, with Republicans strongly supporting HB 611, while Democrats voted in opposition. ... Firment’s bill now advances to the Senate, where similar legislation, Senate Bill 370, by Sen. Adam Bass, R-Bossier City, won approval on a 28-9 vote on Tuesday. ... Jim Donelon, who preceded Temple as insurance commissioner for the past 18 years, strongly supported the so-called three-year rule, saying that it kept down rates in Louisiana by forcing insurers to keep t heir policyholders. Real Reform Louisiana has warned that passage of the legislation would cost homeowners their policies, and they would then have to get coverage from the state’s insurer of last resort. Those rates are 10% higher, the group points out. ...

Tyler Bridges, The Advocate 3/27/2024

03/24/2024

‘Louisiana Supreme Court Tosses State 'Lookback Window' for Childhood S*x Abuse Claims’

The Louisiana Supreme Court dealt a major blow on Friday to potentially hundreds of survivors of childhood s*xual abuse, and in the process delivered relief to the Catholic Church, as it deemed unconstitutional the state’s 3-year 'lookback window' for filing legal claims. 'The law granted survivors of child s*x abuse a window to sue regardless of when the alleged abuse happened. But a 4-3 majority of the state’s high court said that, while the Legislature can extend a prescription period, once a claim has prescribed, it's extinguished. 'Guided by Louisiana’s civil law tradition, we decline to upend nearly a half of a century’s jurisprudence that recognizes the unique nature of vested rights associated with liberative prescription,' Justice Jay Genovese wrote for the majority. 'Therefore, despite the sickening and despicable factual allegations in this case, we must conclude that (the law), as amended by the revival provisions, cannot be retroactively applied to revive plain tiffs’ prescribed causes of action.' Genovese was joined in the majority by Justices Scott Crichton, Piper Griffin and Jeff Hughes. Chief Justice John Weimer dissented, along with Justices Will Crain and Jay McCallum. ...

'Once again, they are being silenced. Child molesters, and the organizations that enable and protect child molesters, are rejoicing over this ruling,' said Kristi Schubert, an attorney with the Lamothe Law Firm, which represents dozens of plaintiffs who allege clergy s*x abuse. 'The ruling shields wrongdoers from the consequences of their own evil actions.' Kathryn Robb, executive director of Child USAdvocacy, which helped push extended 'lookback' laws around the country, called the decision 'a profoundly disappointing ruling and not at all constitutionally sound.' She noted that the law that was struck down had unanimous support. ...

In his dissent, Weimer argued that 'the majority holds that the legislature is without authority to revive a prescribed claim because to do so would violate the due process guarantee, but it does not attempt to examine, much less explain, how due process is violated in this instance.' Crain argued in a separate dissent that the court was going too far in protecting defendants of childhood s*xual abuse. ...
.. the impact of the court’s decision will be felt across the state, including among some 500 people who have filed claims related to alleged clergy abuse in the Archdiocese of New Orleans bankruptcy case. ...

Soren Gisleson, an attorney for the plaintiffs, argued that the Legislature can use its police powers to remove a vested right so long as it follows due process. He urged the court to weigh the interests in deciding if the law meets constitutional muster."

John Simerman, The Advocate 3/22/2024

03/21/2024

"Legislation to benefit insurance companies found widespread support in a Louisiana Senate Wednesday after only one member questioned why the state would help the industry instead of drivers and homeowners who pay premiums. The Senate Committee on Insurance approved four bills that are part of Louisiana Insurance Commissioner Tim Temple’s agenda. Temple’s agenda includes a number of 'tort reform' bills that would make it harder for policyholders to sue insurance companies and would lower the amount of money insurers have to pay."

Daily Report Staff, Greater Baton Rouge Business Report 03/21/2024

03/19/2024

‘Louisiana Truck Driver Charged After Deadly 2023 Pileup’
"RESERVE, La. (AP) — A Louisiana truck driver has been charged with negligent homicide for his role in a fiery highway pileup that left eight dead last year after a “super fog” of marsh fire smoke and dense fog snared more than 160 vehicles, authorities said.

On Oct. 23, Ronald Britt was operating a truck at unsafe speeds on Interstate 55 west of New Orleans when he slammed into the back of a car that had stopped in the left lane behind several other vehicles involved in minor crashes, Louisiana State Police said in a statement Tuesday. ... Britt, a 61-year-old commercial truck driver from Lafayette, was arrested on multiple charges, including negligent homicide, negligent injuring, reckless operation and other traffic-related offenses, state police said. ...

Eight people died in the multi-collision pileup and 63 were injured. It took a month for the interstate to fully reopen after repairs were made to the road and bridge, both damaged by the crashes and vehicle fires."

, Insurance Journal 3/19/2024

03/09/2024

A 71-year-old man named Kenneth Espinoza in Colorado filed a lawsuit against a sheriff's office after deputies allegedly tased him 35 times while handcuffed in 2022. Espinoza's son was pulled over by the deputies, and though Kenneth wasn't accused of a crime and posed no threat, he was detained and tased excessively. Two deputies involved were fired in 2023, and the lawsuit against the sheriff's office and involved officials was settled for $1.5 million. Espinoza's lawyer released a statement that noted the settlement is "a victory for the people of Colorado and sends a clear message to thugs like this who think a badge is a license for brutality." Court records show that one of the fired deputies has a history of violence-related incidents.

Austen Erblat, CBSNews.com 3/4/2024

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03/05/2024

‘How Much Will Jeff Landry’s Crime Laws Cost Louisiana? It Could Take Years to Know.’
"Republicans who pushed Gov. Jeff Landry’s public safety agenda through the Louisiana Legislature in recent days argued there is no price too great to stop crime, brushing aside concerns that their policies could cost the state millions. Democratic lawmakers and some policy analysts clamored for cost estimates on the swath of legislation as Landry’s special crime session played out at a frenetic pace, with 20 of his favored bills sent to his desk in half as many days. The bills avoided oversight hearings in a House money committee as Republicans suspended rules to speed the legislation along. The approach frustrated Landry’s opponents and some good-government groups, who said an apparent rush to make the governor’s criminal justice vision reality left the bills’ fiscal impact unclear. ...

At least 15 bills sent to Landry’s desk would grow state spending, according to a review of fiscal notes attached to the legislation. ... Analysts came up with concrete price tags for just a few pieces of legislation. Bills to toughen penalties for using illegal weapons, eliminate parole, lengthen carjacking sentences and remove the permitting process for carrying concealed handguns would cost the most, they said. At minimum, according to legislative analysts, the package will cost taxpayers just north of $32 million. But that doesn’t include 10 bills that carry 'indeterminable' costs to the state, fiscal analysts wrote — amounts that will depend on factors such as crime rates, the speed of court proceedings and other hard-to-predict trends."

James Finn, The Advocate 3/3/2024

06/03/2023

Question: Why is it necessary to sit on a person's back for 9 minutes AFTER they've been cuffed and shackled? Why not just put 'em in the back of the squad car??? See article below:

"Feds Say Louisiana Deputies May Have Violated Law in Death of Autistic Teen"

The Jefferson Parish Sheriff’s Office may have violated the civil rights of a 16-year-old autistic boy under the Americans with Disabilities Act when deputies pinned him to the pavement, handcuffed and shackled, as officers sat on his back for more than 9 minutes, according to a “statement of interest” filed this month by the U.S. Department of Justice as part of a civil rights lawsuit against JPSO.

The teen, Eric Parsa, died on the scene in January 2020. The sheriff’s office argues that deputies did not discriminate against Parsa based on his disability — and thus did not violate the ADA — because Parsa posed a threat to himself, the public and law enforcement officers.

But the DOJ said that evidence submitted in the case appears to show that Parsa posed no danger, that he was completely restrained, that deputies were aware of the teenager’s disability, and yet did nothing to modify their procedures or actions to ensure his safety, as required by law.

Richard A. Webster, Louisiana Illuminator 5/28/2023