USSC sets IOTA oral argument for December 9

first_img November 1, 2002 Regular News The constitutionality of the nation’s interest on lawyer trust account programs will be argued before the U.S. Supreme Court Monday, December 9.In June, the Court accepted cert in Washington Legal Foundation vs. Legal Foundation of Washington, No. 01-1325, agreeing to review the November 14, 2001 decision of the United States Court of Appeals for the Ninth Circuit. In that decision the San Francisco-based court of appeals ruled that the state of Washington’s IOLTA program does not violate the Fifth Amendment of the U.S. Constitution, reasoning that while the plaintiffs “have the right to control the accrued interest generated in theory, as a practical matter, that right will never come to fruition on its own because without IOLTA there is no interest.”That decision is at odds with a similar case decided in October 2001 by a three-judge panel of the New Orleans-based U.S. Fifth Circuit Court of Appeals that found the Texas IOLTA program’s use of pooled interest from lawyers’ trust accounts amounts to an unconstitutional taking without just compensation, in violation of the Fifth Amendment. ( WLF v. Texas Equal Access to Justice Foundation ).In that case the majority said, “In reality, the linchpin for this case has already been inserted by the Supreme Court: Interest income generated by funds held in IOLTA accounts is the ‘private property’ of the owner of the principal. And, because the state has permanently appropriated [the appellant’s] interest income against his will, instead of merely regulating its use, there is a per se taking.” Petition for en banc review of the Texas case was denied by the Fifth Circuit in May.In 1998, the U.S. Supreme Court, in Philips v. WLF, found that clients have a protected property interest in funds created by pooled IOLTA accounts. The Supreme Court, however, took no view as to whether the funds had been “taken” by the state or if any “just compensation” was due the respondent. It left those issues for the lower courts to decide.The WLF is a Washington, D.C., based organization that has battled IOLTA programs across the country in the courts for many years. USSC sets IOTA oral argument for December 9center_img USSC sets IOTA oral argument for December 9last_img read more

Coronavirus less deadly in Germany because of youthful patients

first_imgThe virus has infected more than 350,000 people and killed more than 16,000 around the world since it emerged in China late last year. About a third of those deaths have been in Italy, where some hospitals are overwhelmed. There have been reports of doctors forced to triage patients and ration equipment to save those most likely to live.Health authorities still don’t know exactly how the virus entered Italy, but once there it easily infiltrated the high-risk older generation. To a degree uncommon in most other parts of Europe, Italian adults are in frequent contact with their parents. The “nonna” and “nonno” provide childcare and standing Sunday lunch dates, and they often live in the same city — or even closer.More than 20% of Italians between the ages of 30 and 49 live with their parents, according to Bonn University economists Christian Bayer and Moritz Kuhn. That’s more than double the rate for Germans in that age bracket. Bayer and Moritz have found a correlation between generations living under one roof and case fatality for coronavirus.‘Social network’“Why are so many elderly in some countries getting infected whereas in other countries they don’t?” Bayer said. “The social network is a natural explanation.”While other factors are certainly influencing fatality rates, Bayer said his analysis appears to bear out thus far for most of Europe and the U.S. Countries where multigenerational living is common — including Greece, Bulgaria, Poland and Serbia — should move swiftly to protect the elderly, he said.In Germany, many early cases were in young and healthy people who had just been to ski resorts where the virus was circulating, often in northern Italy or neighboring Austria. The majority of cases have been in people who are 35 to 59 years of age. The average age of those killed by the disease was 82, the Robert Koch Institute’s Wieler said on Monday.Thanks to a “very aggressive testing process” in Germany, more of the mild cases are probably being included in the total numbers, said Michael Ryan, head of the World Health Organization’s health emergencies program. Ryan predicted that mortality rates will evolve in coming weeks, as patients die in the hospital three to four weeks after being diagnosed.Italian authorities have pushed back against the idea that the country’s mortality rate is due to the strain on hospitals overrun by new patients, especially in hard-hit regions such as Lombardy. Areas like Veneto, around Venice, have tested more extensively and have lower mortality rates.Italy’s tollEmergency chief Angelo Borrelli said Friday that the Italian death toll may be skewed higher by an expansive definition of coronavirus deaths, with anyone who tested positive being included, regardless of any other conditions from which they suffered. But Germany’s Koch Institute says it’s following a similar procedure.“The real risk is the geriatric age and also concurring illnesses such as high blood pressure and diabetes,” said Roberto Bernabei, geriatrics professor at Catholic University in Rome. “These lead to a greater aggressiveness from the virus.”Just 2.7% of confirmed infections in Germany are in people over the age of 80, the Koch Institute said on Monday. That compares with 18% of cases in Italy.For now, children should visit their grandparents online instead of in person, German Chancellor Angela Merkel said last week. She suggested Skype, telephone calls and emails, or “maybe writing letters again.” Topics : As the coronavirus death toll surges across much of Europe, one country remains an anomaly.Despite more than 25,000 infections, the fifth-most in the world, Germany’s mortality rate is only 0.4%, according to data compiled by Bloomberg from state health authorities. At the virus’s epicenter in Italy, by contrast, some 9.5% of people confirmed to have the infection have died.There may be many reasons for the disparity, but they all boil down to one thing: Covid-19 has not yet hit as hard among the oldest and frailest members of Germany’s population. Authorities are testing and tracking mild cases aggressively, and more than 80% of those confirmed are in people under the age of 60. In Italy, despite similar demographics, the picture is vastly different, with the virus disproportionately striking the old.center_img Taken together, the two countries are an object lesson for why public health authorities around the world are sealing off nursing homes and asking families not to visit elderly parents or grandparents. Once the virus spreads into an older population, as Italy shows, it can overwhelm health systems and become more deadly for everyone.In Italy, 74% of those who’ve tested positive are over 50. In Germany, 82% of cases are people under 60. The prospect that the outbreak may shift to older people has German health officials worried, too.“We are only at the beginning of the epidemic,” said Lothar Wieler, president of the Robert Koch Institute, Germany’s public health authority.16,000 deathslast_img read more

LifeTime Resources Looking for Angels

first_imgDILLSBORO, Ind. — LifeTime Resources announced their annual Angel Tree project.The Angel Tree enables the community to help spread Christmas cheer to older adults and persons with disabilities that may not otherwise receive gifts during the holiday season.Community “Angels”  can assist the Angel Tree project in two ways.They may call or stop by the LifeTime office to select a client “Angel” ornament with gift ideas already listed, or they may donate a gift card that will be used to provide gifts.To ensure timely delivery, gifts and/or gift cards must be dropped off or mailed to LifeTime Resources by December 2, 2016.LifeTime is located at 13091 Benedict Drive on Highway 50 in Dillsboro.For more information on how you can be an Angel this Christmas season, please contact Jennifer McClellan @ 812-432-5215 or via email at [email protected]last_img read more