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	<title>Comments for Subject to Complete Defeasance</title>
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	<link>http://completedefeasance.wordpress.com</link>
	<description>Law, Politics, News and Media in Colorado and Beyond</description>
	<lastBuildDate>Fri, 06 Nov 2009 22:44:22 +0000</lastBuildDate>
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		<title>Comment on MetLife v. Glenn, or How SCOTUS saved judicial review in ERISA cases by De novo review lives (in the 10th Circuit, at least) &#171; Subject to Complete Defeasance</title>
		<link>http://completedefeasance.wordpress.com/2008/07/04/metlife-v-glenn-or-how-scotus-saved-judicial-review-in-erisa-cases/#comment-1670</link>
		<dc:creator>De novo review lives (in the 10th Circuit, at least) &#171; Subject to Complete Defeasance</dc:creator>
		<pubDate>Fri, 06 Nov 2009 22:44:22 +0000</pubDate>
		<guid isPermaLink="false">http://completedefeasance.wordpress.com/?p=304#comment-1670</guid>
		<description>[...] lives (in the 10th Circuit, at&#160;least) By genghishitler  I have on multiple occasions bitched, moaned, whined and otherwise griped about the unholy abomination that is the federal Employee Retirement [...]</description>
		<content:encoded><![CDATA[<p>[...] lives (in the 10th Circuit, at&nbsp;least) By genghishitler  I have on multiple occasions bitched, moaned, whined and otherwise griped about the unholy abomination that is the federal Employee Retirement [...]</p>
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		<title>Comment on More bad news on the FDA preemption front by Perlmutter &#38; Schuelke, LLP, Austin Attorneys &#187; Personal Injury Law Round-Up #58</title>
		<link>http://completedefeasance.wordpress.com/2008/04/14/more-bad-news-on-the-fda-preemption-front/#comment-1669</link>
		<dc:creator>Perlmutter &#38; Schuelke, LLP, Austin Attorneys &#187; Personal Injury Law Round-Up #58</dc:creator>
		<pubDate>Thu, 22 Oct 2009 18:12:58 +0000</pubDate>
		<guid isPermaLink="false">http://completedefeasance.wordpress.com/?p=264#comment-1669</guid>
		<description>[...] to Complete Defeasance (new to the round-up this week) has &#8220;More Bad News on the FDA Preemption Front&#8221; looking at the Colacicco v. Apotex [...]</description>
		<content:encoded><![CDATA[<p>[...] to Complete Defeasance (new to the round-up this week) has &#8220;More Bad News on the FDA Preemption Front&#8221; looking at the Colacicco v. Apotex [...]</p>
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		<title>Comment on Colorado Legislature bones ERISA insurers by LittlebyLittle</title>
		<link>http://completedefeasance.wordpress.com/2008/05/16/colorado-legislature-bones-erisa-insurers/#comment-1667</link>
		<dc:creator>LittlebyLittle</dc:creator>
		<pubDate>Mon, 05 Oct 2009 00:22:49 +0000</pubDate>
		<guid isPermaLink="false">http://completedefeasance.wordpress.com/?p=289#comment-1667</guid>
		<description>HELP!!! I&#039;m a victim of what you&#039;re talking about but I live in Canada. What I don&#039;t understand is how the your ERISA is going to saving the American employees who are receiving long-term disability benefits under the piece of crap called ASO and its evil cohort of a misnomer called self-insurance, while the 409 Canadian employees on LTD are being left to fend for themselves in a bankruptcy proceeding...

Can you provide me with any of the relevant info regarding Nortel&#039;s American employees on LTD that are going to be bailed-out by Erisa? It&#039;s my understanding the the US plan was self-funded, and I also understood that your ERISA provides the exemption in the same way that our crappy provincial legislation exempts benefits not covered by insurance contracts. I need to understand how ERISA is being used to save the NORTEL LTD people in the U.S. so I can shove it into the faces of our apathetic politicians!

Could you help please? Thanks so much.</description>
		<content:encoded><![CDATA[<p>HELP!!! I&#8217;m a victim of what you&#8217;re talking about but I live in Canada. What I don&#8217;t understand is how the your ERISA is going to saving the American employees who are receiving long-term disability benefits under the piece of crap called ASO and its evil cohort of a misnomer called self-insurance, while the 409 Canadian employees on LTD are being left to fend for themselves in a bankruptcy proceeding&#8230;</p>
<p>Can you provide me with any of the relevant info regarding Nortel&#8217;s American employees on LTD that are going to be bailed-out by Erisa? It&#8217;s my understanding the the US plan was self-funded, and I also understood that your ERISA provides the exemption in the same way that our crappy provincial legislation exempts benefits not covered by insurance contracts. I need to understand how ERISA is being used to save the NORTEL LTD people in the U.S. so I can shove it into the faces of our apathetic politicians!</p>
<p>Could you help please? Thanks so much.</p>
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		<title>Comment on Manufactured &#8220;Christian Free Speech&#8221; Lawsuit Filed by sandrar</title>
		<link>http://completedefeasance.wordpress.com/2007/08/29/manufactured-christian-free-speech-lawsuit-filed/#comment-1664</link>
		<dc:creator>sandrar</dc:creator>
		<pubDate>Thu, 10 Sep 2009 19:06:29 +0000</pubDate>
		<guid isPermaLink="false">http://completedefeasance.wordpress.com/2007/08/29/manufactured-christian-free-speech-lawsuit-filed/#comment-1664</guid>
		<description>Hi! I was surfing and found your blog post... nice! I love your blog.  :) Cheers! Sandra. R.</description>
		<content:encoded><![CDATA[<p>Hi! I was surfing and found your blog post&#8230; nice! I love your blog.  <img src='http://s.wordpress.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' />  Cheers! Sandra. R.</p>
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		<title>Comment on How to Deconstruct Tort &#8220;Reform&#8221; Bullshit by Mark Baird</title>
		<link>http://completedefeasance.wordpress.com/2007/08/25/how-to-deconstruct-tort-reform-bullshit/#comment-1662</link>
		<dc:creator>Mark Baird</dc:creator>
		<pubDate>Thu, 03 Sep 2009 02:47:58 +0000</pubDate>
		<guid isPermaLink="false">http://completedefeasance.wordpress.com/2007/08/25/how-to-deconstruct-tort-reform-bullshit/#comment-1662</guid>
		<description>Remember the GOA report regarding the cost of a single payor system that we all grasp.

Well the GOA had this to say about tort reform:

“But even large savings in premiums can have only a small direct impact on health care spending–private or governmental–because malpractice costs account for less than 2 percent of that spending.”

http://www.cbo.gov/doc.cfm?index=4968&amp;type=0#t3

And of course there is Tillinghast-Towers Perrin (the company that provides risk management for the insurance and reinsurance industry).

According to the actuarial consulting firm Towers Perrin, medical malpractice tort costs were $30.4 billion in 2007, the last year for which data are available. We have a more than a $2 trillion health care system. That puts litigation costs and malpractice insurance at 1 to 1.5 percent of total medical costs. That’s a rounding error. Liability isn’t even the tail on the cost dog. It’s the hair on the end of the tail.

Of that 1 to 1.5 percent what portion of that is “frivolous”

http://www.towersperrin.com/tp/getwebcachedoc?webc=USA/2008/200811/2008_tort_costs_trends.pdf (Page 10)

Tort reform is a red herring. It is unfortunate that everyone is so willing to give up their right to sue with such a small cost to society. If that is the case then maybe we should have death panels for the elders.</description>
		<content:encoded><![CDATA[<p>Remember the GOA report regarding the cost of a single payor system that we all grasp.</p>
<p>Well the GOA had this to say about tort reform:</p>
<p>“But even large savings in premiums can have only a small direct impact on health care spending–private or governmental–because malpractice costs account for less than 2 percent of that spending.”</p>
<p><a href="http://www.cbo.gov/doc.cfm?index=4968&amp;type=0#t3" rel="nofollow">http://www.cbo.gov/doc.cfm?index=4968&amp;type=0#t3</a></p>
<p>And of course there is Tillinghast-Towers Perrin (the company that provides risk management for the insurance and reinsurance industry).</p>
<p>According to the actuarial consulting firm Towers Perrin, medical malpractice tort costs were $30.4 billion in 2007, the last year for which data are available. We have a more than a $2 trillion health care system. That puts litigation costs and malpractice insurance at 1 to 1.5 percent of total medical costs. That’s a rounding error. Liability isn’t even the tail on the cost dog. It’s the hair on the end of the tail.</p>
<p>Of that 1 to 1.5 percent what portion of that is “frivolous”</p>
<p><a href="http://www.towersperrin.com/tp/getwebcachedoc?webc=USA/2008/200811/2008_tort_costs_trends.pdf" rel="nofollow">http://www.towersperrin.com/tp/getwebcachedoc?webc=USA/2008/200811/2008_tort_costs_trends.pdf</a> (Page 10)</p>
<p>Tort reform is a red herring. It is unfortunate that everyone is so willing to give up their right to sue with such a small cost to society. If that is the case then maybe we should have death panels for the elders.</p>
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		<title>Comment on Joe the Plumber: Making Obama Look Very Good by Truth</title>
		<link>http://completedefeasance.wordpress.com/2008/10/16/joe-the-plumber-making-obama-look-very-good/#comment-1661</link>
		<dc:creator>Truth</dc:creator>
		<pubDate>Wed, 19 Aug 2009 01:22:39 +0000</pubDate>
		<guid isPermaLink="false">http://completedefeasance.wordpress.com/?p=436#comment-1661</guid>
		<description>Joe the Plumber is likely a real dumbass.

He likely prefers to be paid in cash to avoid taxes altogether. He likely comes to work at noon nursing a hangover.</description>
		<content:encoded><![CDATA[<p>Joe the Plumber is likely a real dumbass.</p>
<p>He likely prefers to be paid in cash to avoid taxes altogether. He likely comes to work at noon nursing a hangover.</p>
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		<title>Comment on Disability insurers sued for robbing Social Security by Vee</title>
		<link>http://completedefeasance.wordpress.com/2008/04/04/disability-insurers-sued-for-robbing-social-security/#comment-1660</link>
		<dc:creator>Vee</dc:creator>
		<pubDate>Sat, 25 Jul 2009 10:35:10 +0000</pubDate>
		<guid isPermaLink="false">http://completedefeasance.wordpress.com/?p=254#comment-1660</guid>
		<description>I too had a disagreement with Aetna about my LTD--for one thing, after about 8 months on disability, one of their little desk jockeys 3000 miles away decided without consulting me or my doctors that I was no longer sick and stopped my LTD payments!  That was my only source of income as SSD had not started yet, it can take up to a year to get SSD payments.  Then I had no income for 5 months while I appealed to Aetna--lost my house, lost my car, my belongings, and my mental health over that episode.  Aetna even sent me to one of their own doctors to agree with them, he did not, he said that Aetna was wrong and had made me even sicker by pulling the financial rug out from under me.  So Aetna started paying me again.  I was able to, despite being even sicker by then, find a new place to live and move and find a new car, very, VERY rough time.  And then SSD kicked in with a lump sum which I kept, because Aetna had cost me my house and $15K down payment, my $10K car and assorted other things that they had not offered to pay me back over despite what their doctor told them.
Well, their answer to that was to stop payments to me all together---that is what they do if you don&#039;t give them the SSD money back, they quit paying you, it has been 6 years that I figure they owe me at least $900 a month, I had to move again, away from family/friends, lost my new car, and have been carless, plus, I fully believe I could have gotten better due to having more money for better care and been back to work several years ago if Aetna  had not treated me so badly.  And, forget getting an attny to help you, if you don&#039;t have $$$$$ to pay them, you are tough outta luck in this country, and companies like Aetna COUNT on that that people on SSD have no money and are not in good enough health to sue them!
I have written Obama several times about this problem with Aetna and the LTD insurance companies, I suggest you all do the same, as many of us could have had much better medical care and been back to work without being a drain on the system if these companies had lived up to what they promised us when we started paying them for LTD in the first place!  I will continue this until they pay me what they owe me!  And a bit more for pain/suffering I have lived the past 6 years at being forced to live on just SSD money.</description>
		<content:encoded><![CDATA[<p>I too had a disagreement with Aetna about my LTD&#8211;for one thing, after about 8 months on disability, one of their little desk jockeys 3000 miles away decided without consulting me or my doctors that I was no longer sick and stopped my LTD payments!  That was my only source of income as SSD had not started yet, it can take up to a year to get SSD payments.  Then I had no income for 5 months while I appealed to Aetna&#8211;lost my house, lost my car, my belongings, and my mental health over that episode.  Aetna even sent me to one of their own doctors to agree with them, he did not, he said that Aetna was wrong and had made me even sicker by pulling the financial rug out from under me.  So Aetna started paying me again.  I was able to, despite being even sicker by then, find a new place to live and move and find a new car, very, VERY rough time.  And then SSD kicked in with a lump sum which I kept, because Aetna had cost me my house and $15K down payment, my $10K car and assorted other things that they had not offered to pay me back over despite what their doctor told them.<br />
Well, their answer to that was to stop payments to me all together&#8212;that is what they do if you don&#8217;t give them the SSD money back, they quit paying you, it has been 6 years that I figure they owe me at least $900 a month, I had to move again, away from family/friends, lost my new car, and have been carless, plus, I fully believe I could have gotten better due to having more money for better care and been back to work several years ago if Aetna  had not treated me so badly.  And, forget getting an attny to help you, if you don&#8217;t have $$$$$ to pay them, you are tough outta luck in this country, and companies like Aetna COUNT on that that people on SSD have no money and are not in good enough health to sue them!<br />
I have written Obama several times about this problem with Aetna and the LTD insurance companies, I suggest you all do the same, as many of us could have had much better medical care and been back to work without being a drain on the system if these companies had lived up to what they promised us when we started paying them for LTD in the first place!  I will continue this until they pay me what they owe me!  And a bit more for pain/suffering I have lived the past 6 years at being forced to live on just SSD money.</p>
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		<title>Comment on Schaffer Self-Immolates by TL Winslow</title>
		<link>http://completedefeasance.wordpress.com/2008/04/08/schaffer-self-immolates/#comment-1659</link>
		<dc:creator>TL Winslow</dc:creator>
		<pubDate>Thu, 16 Jul 2009 04:15:51 +0000</pubDate>
		<guid isPermaLink="false">http://completedefeasance.wordpress.com/?p=257#comment-1659</guid>
		<description>The age-old pesky U.S.-Mexico border problem has taxed the resources of both countries, led to long lists of injustices, and appears to be heading only for worse troubles in the future. Guess what? The border problem can never be solved. Why? Because the border IS the problem! It&#039;s time for a paradigm change. 

Never fear, a satisfying, comprehensive solution is within reach: the Megamerge Dissolution Solution. Simply dissolve the border along with the failed Mexican government, and megamerge the two countries under U.S. law, with mass free 2-way migration eventually equalizing the development and opportunities permanently, with justice and without racism, and without threatening U.S. sovereignty or basic principles. 

Click the url and read about the new paradigm for U.S.-Mexico relations.</description>
		<content:encoded><![CDATA[<p>The age-old pesky U.S.-Mexico border problem has taxed the resources of both countries, led to long lists of injustices, and appears to be heading only for worse troubles in the future. Guess what? The border problem can never be solved. Why? Because the border IS the problem! It&#8217;s time for a paradigm change. </p>
<p>Never fear, a satisfying, comprehensive solution is within reach: the Megamerge Dissolution Solution. Simply dissolve the border along with the failed Mexican government, and megamerge the two countries under U.S. law, with mass free 2-way migration eventually equalizing the development and opportunities permanently, with justice and without racism, and without threatening U.S. sovereignty or basic principles. </p>
<p>Click the url and read about the new paradigm for U.S.-Mexico relations.</p>
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		<title>Comment on Lynndie England: Media killed thousands by publishing pics of me torturing prisoners by Neil</title>
		<link>http://completedefeasance.wordpress.com/2008/03/20/lynndie-england-media-killed-thousands-by-publishing-pics-of-me-torturing-prisoners/#comment-1657</link>
		<dc:creator>Neil</dc:creator>
		<pubDate>Mon, 06 Jul 2009 16:09:17 +0000</pubDate>
		<guid isPermaLink="false">http://completedefeasance.wordpress.com/?p=239#comment-1657</guid>
		<description>Lynndie England tortured insurgents?  Wow , that&#039;s what genghishitler&#039;s  sniggering headline suggests.  Of course, no one has to know that Lynndie was not even quoted in the headline.  Truth is, Lynndie never laid a hand on any of the dead-enders (that&#039;s what we call terrorists).  No, all she did was pose for some quick shots.  Heck, she&#039;s a private in the Army you moron. Privates do exactly what they are told.  Brainwashed idiots, those of you who rant and rave about how England tortured those poor, peaceful indigents.  HA...!  Your lack of knowledge of the events is pitiful and so is your miserable handle.</description>
		<content:encoded><![CDATA[<p>Lynndie England tortured insurgents?  Wow , that&#8217;s what genghishitler&#8217;s  sniggering headline suggests.  Of course, no one has to know that Lynndie was not even quoted in the headline.  Truth is, Lynndie never laid a hand on any of the dead-enders (that&#8217;s what we call terrorists).  No, all she did was pose for some quick shots.  Heck, she&#8217;s a private in the Army you moron. Privates do exactly what they are told.  Brainwashed idiots, those of you who rant and rave about how England tortured those poor, peaceful indigents.  HA&#8230;!  Your lack of knowledge of the events is pitiful and so is your miserable handle.</p>
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		<title>Comment on Judge McConnell leaving 10th Circuit by Sean L. Harrington</title>
		<link>http://completedefeasance.wordpress.com/2009/05/06/judge-mcconnell-leaving-10th-circuit/#comment-1616</link>
		<dc:creator>Sean L. Harrington</dc:creator>
		<pubDate>Fri, 08 May 2009 22:25:20 +0000</pubDate>
		<guid isPermaLink="false">http://completedefeasance.wordpress.com/?p=592#comment-1616</guid>
		<description>A sad day, indeed!    It would be only fitting that we hire keeners to morn the McConnell&#039;s unexpected resignation. 

Apparently, his Tenth Circuit appointment was such an impediment to his moonlighting gigs (writing books and teaching at not one, but three universities in his &quot;spare time&quot;), that he decided to &quot;officially&quot; convert to full- time with Stanford, where he will be a law professor and director of its constitutional law center.

As y&#039;all already know, McConnell was acclaimed as a runner-up for a Supreme Court nomination. Stanford Law School dean Larry Kramer noted, “Michael McConnell is one of the nation’s most accomplished scholars . . . During the past two decades, he has been the preeminent legal scholar writing about the religion clauses of the United States Constitution, not to mention a leading authority on separation of powers, federalism, originalism, and any number of other subjects in constitutional law.&quot; 

You bet he is! McConnell personally mentored me on elusive constitutional dogmas that trump even the Fourteenth Amendment in our two-tier justice system, such as selective access to the court by judicial fiat and the venerable Because-I-Said-So doctrine. (Of course, nothing of either secret doctrine is taught in law schools, but both have their roots as long ago as when decision-making over controversies was delegated to judges).   These two doctrines are applied through the practice of &quot;private judging,&quot; better known as unpublished opinion practice.  McConnell, like Nottingham, reserved his scholarly efforts for high-profile cases (and, in the appellate context, published opinions), whereas everyone else gets the one or two-page memdispo written by a first-year law clerk.</description>
		<content:encoded><![CDATA[<p>A sad day, indeed!    It would be only fitting that we hire keeners to morn the McConnell&#8217;s unexpected resignation. </p>
<p>Apparently, his Tenth Circuit appointment was such an impediment to his moonlighting gigs (writing books and teaching at not one, but three universities in his &#8220;spare time&#8221;), that he decided to &#8220;officially&#8221; convert to full- time with Stanford, where he will be a law professor and director of its constitutional law center.</p>
<p>As y&#8217;all already know, McConnell was acclaimed as a runner-up for a Supreme Court nomination. Stanford Law School dean Larry Kramer noted, “Michael McConnell is one of the nation’s most accomplished scholars . . . During the past two decades, he has been the preeminent legal scholar writing about the religion clauses of the United States Constitution, not to mention a leading authority on separation of powers, federalism, originalism, and any number of other subjects in constitutional law.&#8221; </p>
<p>You bet he is! McConnell personally mentored me on elusive constitutional dogmas that trump even the Fourteenth Amendment in our two-tier justice system, such as selective access to the court by judicial fiat and the venerable Because-I-Said-So doctrine. (Of course, nothing of either secret doctrine is taught in law schools, but both have their roots as long ago as when decision-making over controversies was delegated to judges).   These two doctrines are applied through the practice of &#8220;private judging,&#8221; better known as unpublished opinion practice.  McConnell, like Nottingham, reserved his scholarly efforts for high-profile cases (and, in the appellate context, published opinions), whereas everyone else gets the one or two-page memdispo written by a first-year law clerk.</p>
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