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Feature Story /Judge
Dismisses Brockovich as plaintiff in Medicare
suits Part
02 /
Java
Code released to public by Sun Microsystems Inc Part
03 /
Yahoo
CLICK Ad Executives resign ///
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109 - Legal Report:
Court Dismisses Brockovich as plaintiff in Medicare
suits; Java Code released to public by Sun
Microsystems Inc.;
Yahoo CLICK Ad
Executives resign
47th Week November 2006 / U.S. District Judge David
O. Carter dismissed five of the lawsuits last month
and this week issued tentative dismissals on 24
more. The 29 cases represent the bulk of the more
than 30 lawsuits Brockovich and her lawyers filed
in California.
Two more cases are pending in a federal court in
San Diego, another in Carter's court and at least
one case in a state court in Fresno. The federal
jurist has dismissed many of the activist's
Medicare suits against convalescent homes and
hospitals.
Attorneys for the hospitals called her crusade a
waste of resources.
"There were 25 lawyers sitting in the courtroom all
morning" waiting for the ruling Tuesday, said Mark
A. Johnson, an attorney at Hooper, Lundy &
Bookman Inc., which represented several defendants.
"What was that costing the healthcare providers?
That's resources that could have gone into actual
healthcare."
The main law firm representing Brockovich, Wilkes
& McHugh, has filed similar lawsuits elsewhere
in the country using other plaintiffs. The law
firm, which has an office in Rancho Palos Verdes,
did not return calls for comment Wednesday.
Erin Brockovich built a career as a celebrity
crusader for weighty causes. But this time she was
wrong for the role, according to a federal judge in
Santa Ana. (Nov 6th 2006.
U.S. District Judge David O. Carter has dismissed
several lawsuits that Brockovich filed this summer
on behalf of Medicare. Carter ruled that Brockovich
has no standing to sue hospitals and convalescent
homes to recoup allegedly illicit funds the
healthcare providers received from the federally
funded health plan for seniors and disabled
people.
FOR
THE RECORD:
Headline: An earlier version of this story's
headline incorrectly read, "Judge requests
Brockovich's role as plaintiff."
Brockovich and her lawyers claimed in state and
federal courts that healthcare providers were
pocketing millions of taxpayer dollars by charging
Medicare for medical errors and then charging again
to fix those errors. She brought the suits as a
citizen acting on behalf of the government.
The lawsuits did not cite specific instances of
wrongdoing, pointing instead to federal reports
that estimated medical errors cost Medicare more
than $9 billion a year. Brockovich and her lawyers
hoped to find evidence in the course of trying the
cases, and would have collected legal fees if they
were successful.
They sued some of the nation's biggest hospital and
nursing home chains, including Tenet Healthcare
Corp., Adventist Health, Country Villa Service
Corp., Catholic Healthcare West, Kindred Healthcare
Inc. and Longwood Management Corp.
But Carter said Brockovich, a 46-year-old former
legal assistant who became an instant celebrity
after her environmental crusade against a utility
company was made into a movie starring Julia
Roberts, could not serve as a plaintiff. That's
because she is not an injured party and there is no
specific law that grants her the power to sue on
behalf of the government in this case, the judge
ruled.
But Brockovich issued a statement through an
assistant that said she would appeal Carter's
decision.
"I am proud to be a consumer advocate on this issue
and will continue to be," she said.
Keeping up with the EU requirement by MicroSoft to
make software codes public, computer server and
software maker Sun Microsystems Inc. said Monday
that it had begun to make its Java technology an
open-source software project available for free on
the Internet.
The announcement represents one of the largest
additions of computer code to the open-source
community -- and it marks a major shift for a
company that had once fiercely protected the source
code used in 3.8 billion cellphones,
supercomputers, medical devices and other
gadgets.
Santa Clara, Calif.-based Sun said it was making
nearly all of Java's source code -- excluding small
pockets of code that aren't owned by Sun --
available under the GNU General Public License.
Making Java an open-source project allows
programmers to examine, modify, fix bugs and
contribute new features in Java's underlying code.
The project requires that any changes be made
public.
Sun, a formerly highflying dot-com that has lost
billions of dollars since the stock market collapse
of 2000, has hitched its rebound strategy in part
to the growing open source movement.
Rich Green, Sun's executive vice president of
software, said the company hoped to turn more
developers into Java programmers, who may then
create additional software to support Sun products.
Pasadena. Two Yahoo Inc. executives responsible for
selling advertising on other websites have stepped
down, dealing the company a setback in its efforts
to catch up with Google Inc.
Bill Demas, senior vice president of Yahoo's
publisher network, resigned during the last quarter
and will leave the company at the end of November,
spokeswoman Kristen Wareham said Monday. Will
Johnson, a vice president, left two weeks ago.
Wareham said the executives left of their own
accord.
The departures come as Yahoo, which ranks second to
Google in Internet search, tries to sign up more
sites to display the ads it sells. Demas oversaw
Yahoo's business to sell ads on large websites
including cnn.com, while Johnson ran a trial
program to offer ads on smaller sites, including
blogs.
Yahoo remains committed to selling ads that appear
on other websites, Wareham said.
Josie
Cory
Publisher/Editor
TVI Magazine
TVI
Magazine, tviNews.net, YES90, Your Easy Search,
Associated Press, Reuters, BBC, LA Times, NY Times,
VRA's D-Diaries, Industry Press Releases, They Said
It, SmartSearch, and Wikipedia, the free
encyclopedia were used in compiling and
ascertaining this Yes90 news
report.
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109 - Legal Report: Court
Dismisses Brockovich as plaintiff in Medicare
suits; Java Code released to public by Sun
Microsystems Inc.;
Yahoo
CLICK Ad Executives
resign
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