Category: Law and Information

Though 2018 is only a portion of the way through, there have been a few significant law changes we’ve seen in the state of Kentucky that will impact many residents. Many of these were decided upon during the Kentucky General Assembly’s 2018 regular session and will begin to take effect in July 2018.

Here are some of the largest law changes and new bills we’ve seen pass in Kentucky during the first quarter of 2018 along with brief summaries of each change:

Pension Reform Bill:

In late March, Kentucky Republicans passed a controversial pension reform bill that affects teachers and other educators. It will force future Kentucky state teachers to receive pension benefits that are part of a hybrid cash balance plan with features of both a traditional pension plan and a 401k-style savings plan.

H.R. 1215 is referred to as the “Protecting Access to Care Act,” however, it is a blatant attempt to eliminate your constitutional rights. The bill preempts state medical malpractice law and products liability laws by overturning the decisions of state legislatures and state courts. H.R. 1215 would cap non-economic damages, meaning that the absolute most a victim of hospital negligence or medical malpractice could receive would be $250,000 no matter how severe their injuries.

According to the American Association for Justice (AAJ), “By imposing a strict federal regime that caps damages in any “health care lawsuit,” HR 1215 directly overturns the decisions of locally-elected officials not to cap damages for victims of medical negligence, nursing home abuse, or defective medical products.” Therefore, this bill is unconstitutional and violates the 10^th Amendment of the U.S. Constitution which leaves these decisions to the states.

Saturday, May 13th, the world’s largest cyberattack took place, locking thousands of people in 150 different countries out of their computers. This type of attack is known as ransomware, which is defined by CNN Tech as “…a virus that locks people out of their computer files until they pay a ransom to the hackers”. These types of hackers target major companies, government offices, hospitals and corporations, completely freezing their networks until they are forced to pay a ransom.

Ransomware attacks are a major reminder of the importance of cyber security. According to the Center for Strategic and International Studies, cybercrime costs the global economy over $400 billion per year. The issue of cyber security should be a priority to further prevent criminals from paralyzing networks.

During personal injury cases and other civil matters, the issue of privacy plays an integral role. When a claim is filed, depending on the nature of the case, it may be subject to media attention and garner coverage from local news channels and newspapers. This can cause the plaintiff and their loved ones to receive potentially unwanted attention from strangers. Whether that attention is perceived as good or bad depends on a few factors.

In some cases, media attention can help a grieving or suffering family find solace for circumstances that were not their fault. In other cases, media attention can help drive attention towards a law or policy that needs to be changed or a company or corporation that may potentially harm other victims if action is not taken. During claims like these, it can be beneficial for media to share the details of a lawsuit as well as the victim’s or plaintiff’s identity.

Responsibility and accountability are core priciples upon which our legal system was established. This country’s founders had the foresight to realize that a democracy needs a court system that empowers individuals to protect themselves by holding the powerful to account. That’s why the Constitution guarantees every person the right to a trial by jury.

The founders feared unaccountable power in the form of the King of England against his “subjects.” While 21st Century America may not have a king, it does have billion dollar corporations with influence over certain elected officials. These corporations now seek the kind of unaccountable power our founders sought to protect against, and they’re seeking that power by destroying your constitutional right to a trial by jury.

Politicians who are influenced by large corporations and insurance companies have devised a plan specifically aimed at destroying individual citizens’ right to hold those in power accountable for their misdeeds. They plan to enact laws that will essentially destroy your right to use the judicial system to protect yourself. They have introduced legislation which, if passed, will enact arbitrary changes to courts all across the country, including:

• Limiting compensation for injuries caused by medical professionals, including doctors, hospitals, nursing homes, and medical device manufacturers, to $250,000.00, regardless of how much that injury devastated your life or the extent of malfeasance by the medical professional or company.

• Eliminating class-action law suits, which would essentially destroy the ability to bring the kinds of cases that keep us safe

• Eliminate individual states’ laws regarding lawsuits and forcing all cases to Federal Court

• Allowing insurance companies to make “payments” rather than paying full compensation.

We must tell our government to put people first and to stop trampling on our rights. Thomas Law Offices has been protecting citizens of Kentucky by demanding that everyone is treated fairly, regardless of gender, race, or economic status. Please join us in demanding that Congress do the same. We must band together and contact our representatives to demand that they say NO to these attacks on our rights. Go to each link below and tell them NO!

• Protect Your Right to Fight: www.takejusticeback.com/ProtectMyRightToFight
• Class Actions: http://www.takejusticeback.com/StopHR985
• Medical Malpractice: http://www.takejusticeback.com/ProtectPatients