JUA ruling puts $110 million budget hole
From Sunshine Review
July 29, 2009 Judge Kathleen McQuire has ruled in favor of the plaintiffs suing the block the state's efforts to take $110 million in excess medical malpractice payments to the Joint Underwriting Association, according to the Joint Underwriting Association union leader.
[edit] Budget hole
The ruling blocked the state from balancing its budget with a medical malpractice fund of $110 million. Belknap County Superior Court Justice Kathleen McGuire said the state had no right to the funds because they belong to the Joint Underwriting Association.
The state will probably appeal, however the $110 million may not be touched. The budget writers assumed the money would balance both the last budget and the current one. The state is not legally obligated to operate with a balanced budget, but they may hold a special session to make up the difference.
In February, Charlie Arlinghaus predicted this outcome.[1]
[edit] State Appeal to Supreme Court
On October 15, 2009, the New Hampshire Supreme Court heard the state's appeal to Judge McGuire's decision. According to Laconia Daily Sun reporter Michael Kitch, the Justices seemed skeptical to the state's case.[2]
Attorney Kevin Fitzgerald summed up the case for the plaintiffs by saying "You can't take things that don't belong to you." [3]
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