Archive for the ‘Legislation’ Category

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Department of Agriculture to Investigate Tainted Egg Feed Mill

August 27th, 2010 | Posted in Legislation, National Issues, Personal Injury by bloom | No Comments »

An Iowa State Department of Agriculture inspector is scheduled to visit the Wright County feed mill which has been linked to the outbreak of salmonella in shell eggs prompting a massive recall in many states.

The feed mill had previously been unregulated by state agencies due to an exemption that exists for farmers who make their own feed for their livestock. It is reported, however, that feed mixed at the Wright County mill was fed to chickens at a New Hampshire farm; an allegation that, if substantiated, would disqualify Wright County from the exemption.

This news surfaces amid widespread discontent over federal and state regulation of food safety. Many Americans were previously unaware that the FDA does not even have the authority to issue mandatory recalls for food products and that many state agencies are comparably hindered in their enforcement abilities. It is for this reason that much attention has recently been brought to the Food Safety Legislation currently trying to make it through the Senate.

If you or a loved one have had experience with defective or recalled food or any other products, contact Bloom Legal today at 504-599-9997 to discuss how we can help build a case for you.

Obama Supports Plan to Pay Out 80% of BP Penalties to the Gulf Coast

August 9th, 2010 | Posted in BP Oil Spill, Legislation, Local Issues, National Issues by bloom | No Comments »

President Obama’s top advisor on energy and climate change issued a statement today that indicated that he would be supporting an initiative proposed by Louisiana Senator, Mary Landrieu that would result in the allocation of 80% of federal penalties imposed upon BP to the Gulf Coast region.

Photo Courtesy of BayNews9.com

With penalties expected to total at least $5 billion, Louisiana could stand to receive as much as $2.5 billion dollars to support coastal restoration. This is certainly good news for all of those whose lives and livelihoods have been dramatically affected by the Oil Spill and its long term ramifications.

In light of these developments, it is becoming increasingly important that those who believe that they hold legitimate claims against BP as a result of the Oil Spill become informed of their rights and options with regard to compensation. If you believe that you or someone you know may be in a position to receive compensation from BP, contact Bloom Legal at 504-599-9997 to schedule a free consultation.

New Regulations for Airlines

June 12th, 2010 | Posted in Legislation, National Issues by bloom | No Comments »

Getting bumped from a flight may have a little more sugar coating in the future. Federal officials are expected to announce a raise in the maximum amount allowed to be paid to travelers who have their tickets taken away on oversold flights. Currently, the rates are set at $400 and $800 respectively depending on the length of delay for the traveler.

Bumping by airline companies has increased in three of the last four years with a shocking ten percent increase in 2009 raising the total to 762,422. That means that one in 763 passengers was removed from a flight due to overbooking. In response to this problem, the Transportation Department has planned to increase the rates to $800 and $1200. A passenger would be paid $800 if the airline gets the passenger to his destination between one and two hours late and $1200 if later than two hours.

There are two notable exceptions. First, planes with less that 30 seats are excluded. Second, any late arrival can be stripped of his ticket.

Currently, American Eagle, American Airlines’ regional company, is the most likely to bump passengers. It is followed by US Airways, Continental ExpressJet, and Southwest. The airline least likely to bump passengers for several years is JetBlue.

Drug Testing for Welfare Recipients Moves to Senate Floor

June 9th, 2010 | Posted in Drugs, Legislation by bloom | No Comments »

The senate committee on Judiciary C has approved House Bill 617 narrowly by a 4-3 vote due to Senator Elbert Guillory (D-Opelousas) crossing party lines. The bill would mandate that 20 percent of all recipients of welfare from the Family Independence Temporary Assistance Fund be drug tested. Additionally, it would require for all persons receiving federal funds from FITAP to sign consent forms allowing for this screening. The bill, already approved by the House, now moves to the Senate floor for approval later in the week.

The bill’s sponsor, State Rep. John Abruzzo (R- Metairie), argued that the purpose of the bill is to get welfare users, especially single women, off of drugs and move them towards reentering society. “The goal is to support families and not someone’s drug habit,” argued Abruzzo.

The bill received some opposition as well. Sen. Ann Duplessis (D- New Orleans) argued vehemently against the bill claiming that the framework is already in place. Currently, the State Department of Social Services tests close to 15 percent of applicant after their initial screening. “The bill doesn’t put a program in place,” Duplessis contended. “The program is already in place.”

Furthermore, many opponents of HB 617 believe that the bill will be found unconstitutional as it most likely qualifies as an unreasonable search and seizure, thus violating the rights of the recipients of federal funding.

Bill Passed by the House to Allow Elected Officials to Receive “Minor” Gifts

June 7th, 2010 | Posted in Legislation, National Issues by bloom | No Comments »

Last week, the House passed a bill which broke free from the previous ethics laws implicit in Louisiana politics allowing for elected officials to receive, openly, gifts from those companies with which they do business. With a 55-31 passing, the House Bill 296 will now give politicians the right to accept kickbacks, just as long as they are not in excess of $15 each time, and no more than $45 per year.

The ethics laws that have been implicit in Louisiana went so far as to not allow for librarians to receive Christmas cookies last December because they do not allow for the rewarding of someone’s work. While this is a break from a the laws meant to end kickbacks for elected officials, it does not seem to go too far considering the limitations on the amount that can be spent. If the bill passes through the Senate, then it will be up to someone to regulate how many gifts and what their prices are in accordance to this pending law.

Miranda & You: Speak Up After Recent Supreme Court Ruling!

June 1st, 2010 | Posted in Legislation, National Issues, Sports by bloom | No Comments »

On June 1st, the Supreme Court of the United States drastically
limited the Miranda rights of those detained by the police in Berghuis
v. Thompkins, 08-1470. In a 5-4 decision, the Court ruled that an
individual must verbally invoke his or her right to remain silent.
Remaining silent no longer invokes the Miranda right and the police
may continue to interrogate a detainee until that person verbally
states their intention to remain silent. Newly appointed Justice
Sotomayor dissented in a strongly worded opinion that criticized the
Court’s ruling because it provides for a suspect to waive his or her
Miranda rights, without showing or stating this intention, by
remaining silent and not speaking.

Going forward, the public should be aware that if they are detained
and interrogated by police, they must verbally invoke their right to
remain silent, as well as their right to an attorney.

If you or someone you know has been arrested, call Bloom Legal for a
free consultation at 504-599-9997.

Smoking Ban Bill Falls in House Committee

June 1st, 2010 | Posted in Legislation, National Issues by bloom | No Comments »

The Health and Welfare committee voted 8-4 Wednesday May 26th to involuntarily defer Senate Bill 348, better known as the Louisiana Smoke Free Air Act. The committee in the past has been a place where bills to restrict behavior in private businesses go to die. This most recent move likely strikes down the bill for this year’s legislative session.

Senate Bill 348 was largely undermined by casino and alcohol lobbyists who claimed that the state and local governments would lose significant revenues from alcohol sales due to a slowdown in patronage at bars and casinos. Furthermore, they also argued that it would cause a rash of layoffs in the service industry. Finally, they argued that it should be the bar or casino’s decision of whether to ban smoking indoors. They claimed that several have chosen to do so and have been successful but that it should still be the businesses’ choice.

State Senator Rob Marionneaux, D- Grosse Tate, the bill’s sponsor, argued against the financial disputes brought forth by the lobbyists. He was distressed by the lack of health statistics brought forth in the committee meeting.

In conclusion, Marionneaux stated: “If the state of North Carolina, which relies in large part on tobacco, can pass a smoking ban in bars, for Christ’s sake we can do it here in Louisiana.”

Cyberbullying Bill Altered

May 25th, 2010 | Posted in Internet/Technology, Legislation by bloom | No Comments »

The Senate Committeee on Judiciary C sent a message to adults who bully children on the Internet when they advanced House Bill 1259 today that offers greater punishment for adults that bully children on the world wide web. The bill was proposed by State Representative Roy Burrell (D- Shreveport), who said the intent of his bill was to limit behavior that can lead to suicide in young adults. In other states, most recently Massachusetts, bullying and harassment on sites such as Facebook are being linked to the suicides of young adults.

House Bill 1259 would make it a crime to “coerce, abuse, torment, intimidate, frighten, harass, embarrass, or cause emotional distress” to anyone 17 years and younger through the Internet or any other electronic communication.

On March 18th, the bill was adjusted to take care of two problems brought to attention by members of the senate committee. The first concern, brought forward by State Sen. Ann Duplessis (D- New Orleans), regarded the punishment for adults. Originally six months in jail for a first offense, Duplessis was concerned that this would create a legal loophole to avoid harsher penalties included in the cyberstalking law already in the book. Instead, the bill was amended to include a penalty of up to one year in prison and a maximum of a $2,000 fine. Second, State Senator Conrad Appel called for a malicious intent clause to be placed in the bill to avoid unnecessary charges on innocent children.

After the amendments were included, the Committee voted 4-1 to send the bill to the Senate floor.

Filibuster for New Supreme Court Nominee Not Likely

May 19th, 2010 | Posted in Legislation, National Issues by bloom | No Comments »

Elena Kagan, President Obama’s nominee to take the retiring Justice John Paul Stevens’ seat on the Supreme Court, is unlikely to face a filibuster from the Republican Party. However, many Senate republicans have said she will face a myriad of difficult questions before she can be confirmed. Arizona Senator Jon Kyl (R) agreed: “The filibuster should be relegated to the extreme circumstances and I don’t think Elena Kagan represents that.”

Kagan will face questions regarding three main issues. The first is her lack of any judicial experience. She currently serves as the solicitor general, the top government lawyer that argues the administration’s cases before the Supreme Court. She also served as the Dean of Harvard Law, the nation’s most prestigious law school. Her previous employment, while high profile, leave her with very little judicial paper trail compared to candidates that come from the bench and will place a high value on how she testifies before the Senate Judicial Committee.

The second major issue is her stance on the “enemy combatant” label given to terror suspects which is largely unclear. This opinion will be of extreme importance, as more “terrorist” trials will be conducted in the United States in the future.

Finally, her opinions on the “Don’t Ask, Don’t Tell” policy in the U.S. Army are another major issue. During her tenure as Dean of the Law School, Harvard banned military recruiters from campus over the policy existing. It is also rumored that Kagan called for this policy due to a “deep personal belief” that the ban is wrong.

Nonetheless, the chairman of the Senate Judiciary Committee, Sen. Patrick Leahy (D- Vermont) hopes to have Kagan as a Justice by the summer before a new session begins in October. He believes that this is roughly in line for the timetable followed for Chief Justice Roberts and Justice Sotomayor.

Legislative Bill Fails To Tighten Belts

May 17th, 2010 | Posted in Legislation by bloom | No Comments »

The House Committee on the Administration of Criminal Justice involuntarily deferred House Bill 103 last week. The rejected bill would have criminalized exposing undergarments and the “cleft of the buttocks.” The legislation wanted to target teenagers who often wear loose fitting pants that expose the boxer shorts they are wearing.

Bill 103 was rejected though due to fears that the bill would be applied to everyone and that it could affect tourism and business in the state. State Representative Barbara Norton (D- Shreveport) also stated that she did not want to return to her constituencies having focused on underwear rather than serious problems facing the state such as health care, education and jobs. She also argued that this should be a matter of parental decision-making not law enforcement.

Rickey Hardy (D-Lafayette), the bill’s sponsor, sees the matter in a significantly more serious light, stating that he is “disgusted” at the sight of people’s underwear in public. Furthermore, Hardy claimed that he believed that this style of dress was gang related and could be a danger to the public.

Ultimately, the Committee sided with the logic of State Rep. Charmaine Stiaes (D-New Orleans), who stated, “It’s an expression of a generation. Generations come and go. Styles come and go.”

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