According to a recent AAJ article the legal rights of servicemembers injured by medical negligence would be restored under legislation introduced in the U.S. Senate. The article states that a 1950 U.S. Supreme Court ruling in Feres v. United States prevents servicemembers on active duty from holding the government accountable for non-combat related injuries. This decision strips military families of their right to seek redress through our civil justice system. The Carmelo Rodriguez Military Medical Accountability Act (S. 1347 / H.R. 1478), sponsored by Sen. Charles Schumer (D-NY) and Rep. Maurice Hinchey (D-NY), would offer servicemembers injured by medical negligence the same protections currently provided to veterans.
U.S. Supreme Court Rules That Judges Must Recuse Themselves if There Is an Appearance of Bias
June 9, 2009
An AAJ article today reported on the case of Caperton v. A.T. Massey Coal Co. in which the Court held in a 5-4 decision that state court judges that get big campaign contributions cannot sit in judgment of their biggest contributors.