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Abortion clinic seeks to sue Ohio over budget restrictions
Class Action |
2017/09/29 11:48
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A Cleveland abortion clinic asked Ohio's high court on Tuesday to grant it legal standing to sue over abortion-related restrictions tucked into the state's 2013 budget bill.
Preterm of Cleveland argued that the provisions impose added administrative and caseload burdens that clearly qualify the clinic to proceed with its constitutional challenge to the manner in which the bill was put together.
The clinic's attorney, B. Jessie Hill, told justices significant new hurdles are not required to meet the legal burden for standing.
"We have to do something we didn't have to do before: We have to enter into a new contract every two years," she said. "That's all we need to demonstrate."
The clinic disputes budget provisions that required more frequent renewal of a clinic's emergency transfer agreement with a local hospital after prohibiting public hospitals from participating and required testing for a fetal heartbeat before an abortion can be performed.
The state's attorney, Ryan Richardson, argued the clinic has not demonstrated true or threatened harm and so can't legally sue.
"As this court has said, really the essence of standing is having a plaintiff that has a direct and concrete stake in the issues, so that the plaintiff is able to properly sharpen the issues for the court's resolution," she said. "Bringing a plaintiff who is not directly affected impacts the ability to properly present the facts and legal issues that the court needs to properly adjudicate the case."
The lawsuit comes amid abortion clinic closures across Ohio that have coincided with falling abortion rates.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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