California
California lawmakers increase awards in medical malpractice lawsuits
The California Legislature on Thursday agreed to extend how a lot cash folks can win in medical malpractice lawsuits, resolving one of many thorniest disputes in state politics by elevating a cap on damages for the primary time in 47 years.
Since 1975, probably the most cash that Californians might win for ache and struggling in medical malpractice lawsuits was $250,000. Beginning Jan. 1, that cap will improve to $350,000 for individuals who have been injured and $500,000 for the family of people that died.
These quantities will progressively improve over the following decade till they attain $750,000 for injured sufferers and $1 million for households of deceased sufferers. After that, the caps will improve 2% yearly to maintain up with inflation.
The state Meeting voted 60-0 on Thursday to ship the invoice to Democratic Gov. Gavin Newsom, who has mentioned he’ll signal it into legislation. It was a uncommon present of unity on a controversial challenge.
“The fights that seem to bind us for many years are solely as inconceivable to beat as we enable them to be,” mentioned Assemblymember Eloise Gómez Reyes, a Democrat who authored the invoice.
California doesn’t restrict how a lot cash sufferers can win in malpractice lawsuits for issues that may be calculated, like medical bills and misplaced wages.
However limiting how a lot cash sufferers can win for issues which can be tougher to calculate, like ache and struggling, has been one of the crucial hotly contested points in California for many years.
The cap prevented vital will increase in medical malpractice insurance coverage premiums for medical doctors. However trial legal professionals and client advocates have argued the cap protected dangerous habits by discouraging many sufferers from submitting complicated and expensive medical malpractice lawsuits.
Nick Rowley, a rich trial legal professional who mentioned his toddler son died 14 years in the past due to medical negligence, spent thousands and thousands of {dollars} of his personal cash to qualify an initiative for the state poll this fall that may have elevated the cap to about $1.2 million.
However Rowley has pledged to withdraw his proposal from the poll after Newsom indicators this invoice into legislation — avoiding expensive campaigns for each side of the difficulty.
Rowley praised Dustin Corcoran, CEO for the California Medical Affiliation, for “working as onerous as I did to determine this out” and “put an finish to a 47-year-old battle.”
“I’m proud to say that we’re now allies,” Rowley mentioned.
The invoice contains different adjustments to the method of medical malpractice lawsuits. If medical doctors say or write one thing expressing sympathy or remorse in regards to the ache and struggling of sufferers, that can’t be used towards medical doctors in trials or disciplinary hearings.
Dr. Robert E. Wailes, president of the California Medical Affiliation, mentioned these new guidelines will enable generate discussions between sufferers and their medical doctors to “facilitate larger openness, belief and long run benevolence between sufferers and physicians.”
Rowley mentioned he hopes California’s compromise can “set an instance that others can observe.”
He mentioned he plans to show his consideration to different states and is planning to fund poll initiatives to lift malpractice caps in Colorado, Montana “and every other state.”
“I believe that in 2024 we’re going to see extra change,” Rowley mentioned.
California
Biden’s new California monuments will ban drilling on 849,000 acres
President Joe Biden is signing off on two new national Native American monuments in California that will ban drilling on 849,000 acres of land.
Chuckwalla National Monument will sit in the south and Sáttítla National Monument in the north of the state.
Why It Matters
Biden is using the final weeks of his presidency to build on long-established policy targets, in this instance conserving at least 30 percent of U.S. lands and waters by 2030 through his “America the Beautiful” initiative. The Chuckwalla and Sáttítla National Monuments join a growing list of protected areas under Biden’s administration.
However, this isn’t the first environmentally-charged proposition to come from the Biden administration during his last month in power—on Monday, he announced a ban on new offshore oil and gas drilling in most U.S. coastal waters.
President-elect Donald Trump claims last-minute calls like this only serve to make their power transition more complicated.
What We Know
The White House emphasized that these monuments will protect water resources, preserve culturally significant sites, and ensure access to nature for communities.
The designations block development activities such as mining and drilling, safeguarding ecosystems that are home to diverse plant and animal species.
Both monuments will be co-stewarded with tribes, enhancing tribal sovereignty and involvement in land management, continuing a trend of comanagement that began with Utah’s Bears Ears National Monument.
Why the Land is Important to Native Americans
The Chuckwalla National Monument covers 624,000 acres in Southern California, spanning from the Coachella Valley to the Colorado River. Sáttítla National Monument includes 225,000 acres of pristine landscapes in Northern California.
Native Americans revere the land because of its deep cultural and spiritual importance, including the Cahuilla, Mohave, Pit River, and Modoc tribes.
Sáttítla is near California’s northern border with Oregon. It encompasses mountain woodlands, meadows, and habitats for rare wildlife. Chuckwalla National Monument, named after the large desert lizard native to the region, protects public lands south of Joshua Tree National Park.
What People Are Saying
President and CEO of the nonprofit Trust for Public Land Carrie Besnette Hauser said the designation of the monuments “marks a historic step toward protecting lands of profound cultural, ecological and historical significance for all Americans.”
A statement from Fort Yuma Quechan Tribe read: “The protection of the Chuckwalla National Monument brings the Quechan people an overwhelming sense of peace and joy [ …] tribes being reunited as stewards of this landscape is only the beginning of much-needed healing and restoration, and we are eager to fully rebuild our relationship to this place.”
President-elect Donald Trump’s spokesperson, Steven Cheung, told Newsweek in an email [regarding the ban on offshore oil and gas drilling]: “It’s despicable what Joe Biden is doing, and he is going against the will of the people who gave President Donald Trump a historic mandate to Make America Great Again.”
Donald Trump wrote on Truth Social “Biden is doing everything possible to make the TRANSITION as difficult as possible, from Lawfare such as has never been seen before, to costly and ridiculous Executive Orders on the Green New Scam and other money wasting Hoaxes.”
What’s Next
With Biden’s term nearing its end, additional conservation announcements may follow as the administration seeks to solidify its environmental legacy.
Trump appears determined to unravel that, declaring on Monday to conservative radio host Hugh Hewitt that, after he’s inaugurated on Jan. 20, Biden’s drilling ban will “be changed on day one.”
This article includes reporting from The Associated Press
California
Biden creates 2 new national monuments, setting a conservation record
President Biden is creating two new national monuments in California on Tuesday, preserving the lands from development and setting a record for the most land and waters conserved by any president, the White House said.
The Sáttítla Highlands National Monument covers more than 224,000 acres in Northern California, and includes the ancestral homelands of the Pit River Tribe and Modoc Peoples. A dormant volcano is at its center, and it is home to the longest-known lava tube system in the world.
The Chuckwalla National Monument covers more than 624,000 acres south of Joshua Tree National Park in southern California, and includes sacred sites important to five groups of indigenous peoples and 50 rare species of plants and animals, including the Chuckwalla lizard.
The Chuckwalla monument is part of a corridor of protected lands stretching about 600 miles west through a total of close to 18 million acres in California, Nevada, Arizona and Utah that the White House is calling the Moab to Mojave Conservation Corridor.
In total, the White House said Biden protected 674 million acres of land and waters through monuments and other designations during his four years in office.
California
California Winds Drive Severe Fire Danger in Rain-Starved LA
(Bloomberg) — Exceptionally powerful, dry winds expected across Southern California this week are set to send wildfire risk skyrocketing in a region that’s endured more than eight months without significant rain.
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Forecasters predict the strongest Santa Ana wind event of the season will start Tuesday and extend late into the week. As offshore winds race down local mountain ranges, they’ll bring gusts of up to 80 miles (129 kilometers) per hour to densely-populated communities in Los Angeles and Ventura counties, putting more than 4.5 million residents at risk, according to the US Storm Prediction Center. Downtown Los Angeles hasn’t seen more than a half-inch of rain since April, according to National Weather Service data.
“This is one of those patterns that make the hair stand up a little bit,” said climatologist Daniel Swain at the University of California Los Angeles, who called the event an “atmospheric blow dryer.” The winds, he said Monday, would be strong enough to topple trees and power lines, block roads, trigger blackouts and cancel flights at airports. “This will probably affect more people more substantially than a major rainstorm.”
In a post on X Monday, forecasters for the National Weather Service in Los Angeles warned of “life-threatening, destructive” winds in areas not typically affected by Santa Ana events. Some of the region’s most affluent and exclusive communities — such as Beverly Hills and Malibu — are included.
In some mountain passes and foothill communities, gusts could reach 100 mph, drying the air and pushing humidity levels as low as 4%, said Nick Nauslar with the US Storm Prediction Center.
“That’s going to continue for two, three, perhaps four days,” said Nauslar, the center’s fire weather science and operations officer. With this combination of factors, he said, “you’re getting into the upper echelon of Santa Ana wind events in the last couple decades.”
Months without rain have parched the Southern California landscape, leaving dry grasses, shrubs and trees that can fuel wildfires. The amount of moisture stored inside local vegetation — which can prevent it from burning — is now “well below normal and approaching record low for this time of year,” Nauslar said.
Red flag fire warnings have been issued for much of the Los Angeles area and its suburbs. But high winds will extend far beyond the city, with strong gusts expected from Shasta County in far northern California all the way to the Mexican border. Wind advisories were also posted for the hills above the San Francisco Bay Area wine country, which has suffered a series of devastating fires in recent years.
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