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Feds ask Va. health reform lawsuit be dismissed
Breaking Legal News |
2010/05/25 04:05
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| The Obama administration is asking a federal judge in Virginia to dismiss the state's lawsuit challenging the constitutionality of the new health reform law. In a motion filed hours before the court deadline on Monday, Health and Human Services Secretary Kathleen Sebelius argued that Congress acted well within its authority. It also claims Virginia lacks jurisdiction to sue. State Attorney General Ken sued hours after Congress passed the sweeping health reform bill in March. He alleged that by requiring Virginians to buy health coverage or pay a fee, Congress exceeded its authority under the 10th Amendment. Sebelius argues that the new law is well within the scope of the Commerce Clause of the Constitution. |
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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 and help you redesign your existing law firm site to secure your place in the internet. |
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