News Around the World

Law Against White Lies Repealed In Rhode Island

by Danica Coto on 11/03/13

PROVIDENCE, R.I. (AP) — If you've ever lied to a potential Internet date about your weight, texted your spouse that you were someplace you weren't or emailed mom to say how much you love that ugly new sweater, you were breaking the law if you did it in Rhode Island.

But state lawmakers have now decided that white lies online should no longer be a crime. The General Assembly voted this month to repeal an obscure 1989 law that made fibbing on the Internet a misdemeanor punishable by fines of up to $500 and as much as a year in prison. Gov. Lincoln Chafee signed the measure.

"This law made virtually the entire population of Rhode Island a criminal," said Steven Brown, executive director of the Rhode Island American Civil Liberties Union. "When this bill was enacted nobody had any idea what its ramifications were. Telling fibs may be wrong, but it shouldn't be criminal activity."

The law — which legal experts say was unusually broad compared to similar laws across the country — was written to stop fraud, con artists and scammers, but it also outlawed the "transmission of false data" regardless of whether liars stood to profit from their deception or not.

Only a handful of people were ever prosecuted for lying online, but legislators said it made no sense to keep a law on the books that is violated so often by so many people. Rep. Chris Blazejewski, who proposed eliminating the law, said it was likely unconstitutional.

Lies may make you a scoundrel, cost you a relationship or get you fired, but they shouldn't make you a criminal unless you're trying to commit fraud or some other offense, he said.

"There are a lot of things we don't condone in our society that aren't crimes," Blazejewski said. "We take freedom of speech very seriously in this country and we should be concerned about the real and serious possibility of further erosion to our First Amendment civil liberties."

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Ohio Judge Tells Man He is Still Legally Dead...

by Danica Coto on 10/11/13

FINDLAY, Ohio -- FINDLAY, Ohio (AP) — An Ohio man is finding out there's no easy way to come back from the dead.

Donald Miller Jr. went to court this week to ask a county judge to reverse a 1994 ruling that declared him legally dead after he had disappeared from his home eight years earlier. But the judge turned down his request, citing a three-year time limit for changing a death ruling.

Hancock County Probate Court Judge Allan Davis called it a "strange, strange situation."

"We've got the obvious here. A man sitting in the courtroom, he appears to be in good health," said Davis, who told Miller the three-year limit was clear.

"I don't know where that leaves you, but you're still deceased as far as the law is concerned," the judge said.

Miller resurfaced about eight years ago and went to court so that he could get a driver's license and reinstate his Social Security number.

His ex-wife had opposed the move, saying she doesn't have the money to repay the Social Security benefits that were paid out to her and the couple's two children after Miller was declared dead.

Robin Miller said her former husband vanished because he owed big child support payments and that the overdue payments had totaled $26,000 by 1994, The (Findlay) Courier (http://bit.ly/1e5mJkr) reported.

Miller, 61, who now lives in the northwest Ohio city of Fostoria, told the judge that he disappeared in the 1980s because he had lost his job and he was an alcoholic. He lived in Florida and Georgia before returning to Ohio around 2005.

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It is obvious that legally it is not in anyone's interest to bring this man back to life, but he should be criminally punished for faking his death to avoid bills and life problems. It is absolute fraud and I am curious as to how the courts in Ohio will manage this issue. Will report as soon as I find out. Have a great day.

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PIP Law in Appeals Court

by Danica Coto on 10/11/13

The First District Court of Appeals heard oral arguments today on the temporary injunction placed on a new Florida personal injury protection (PIP) law that had gone into effect January 1, 2013. The injunction puts an end (for now) to some controversial changes advocated by Gov. Rick Scott.

In March, Circuit Judge Terry P. Lewis granted an injunction against the PIP law, halting the part of the law requiring the determination of an emergency medical condition as prerequisite for payment of benefits. The law also prohibited insurers from paying for services provided by acupuncturists, chiropractors and massage therapists.

A group of alternative medical professionals sued the state due to proposed changes, which prevent them from receiving PIP payments.

Donovan Brown, state government relations counsel for the Property Casualty Insurers Association of America (PCI) responded to the Appeals Court hearing:

“In order to address fraud and abuse within Florida’s no-fault auto insurance system and provide Floridians relief from being the No. 1 state in the nation for questionable auto claims, it is imperative that consumers receive the benefit of the PIP reforms becoming fully effective.”

The temporary injunction was based on a ruling by Lewis finding that the changes in PIP law made it no longer a “reasonable alternative” to a tort system. The directive also briefly blocks further enactment of a number of limits on benefits and excludes some medical professionals from the list of approved healthcare providers.

“From the beginning, PCI and its member companies urged caution and patience with allowing the PIP reforms adequate time to work and the ability to be fully implemented,” Donovan added. “The injunction which was the subject of today’s hearing has held up these reforms and delayed their ability to do what was intended to curb fraud and stop the $1 billion fraud tax on Florida consumers. We hope for a quick resolution that can put the reforms back on track.”

PCI is an association of more than 1,000 member insurance companies, representing a broad cross-section of insurers who write over $190 billion in annual premiums. PCI members total 40 percent of the nation’s property casualty insurance and 46 percent of the entire U.S. automobile insurance market.

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