Los Angeles City Attorney Rocky Delgadillo - who disclosed his office's ongoing investigation into the health insurance industry's schemes to maximize profits at the expense of patients - announced he has filed a civil law enforcement action against Los Angeles-based Health Net, Inc., and two of its subsidiaries, for engaging in unlawful and deceptive business practices that lead to the denying or delaying of authorization of claims or cancelling coverage after initially issuing a policy.
In the US, copyright law stipulates that in a civil action, a copyright owner can immediately seek to stop an unauthorized user from using its product and can also request monetary damages. Many organizations combat the ever-growing scourge of digital piracy and copyright infringement. Just like any illicit enterprise, the world of digital piracy is largely anonymous -- with one notable exception. Operating out of Sweden where copyright laws are relaxed, the Pirate Bay bills itself as "the world's largest BitTorrent tracker." According to many legal and copyright organizations, the Pirate Bay is breaking the law. But the Pirate Bay insists that it is doing nothing wrong. In 2006, Swedish police staged a raid against the Pirate Bay, confiscating its servers and other equipment and arrest...
CIVIL LAW - Federal Fair Debt Collection Practices Act; class action certification; R.C. 2505.02(B)(5); final appealable order.
CIVIL - class action; interlocutory orders; merger doctrine; law of the case doctrine; jurisdiction; voluntary dismissal; Civ.R. 41(A) and (B); court approval for dismissal; class representatives; Civ.R. 23(D) and (E); opt-out or class notice; involuntary dismissal; failure to prosecute; motion in limine; officer of the court; duty to obey court orders
After Congress adopted section 1 of the 1866 Act, Congress became concerned that this legislation was unconstitutional "as applied" to the states because it broadly banned racial discrimination based on the Thirteenth Amendment, which by its express terms only abolished slavery.8 Congress did not want to risk the courts finding that the ban on racial discrimination in section 1 of the 1866 Act was unconstitutional and that, by enacting a law beyond the scope of the Thirteenth Amendment, Congress had exceeded its authority to enforce it.9 To avoid a finding that the 1866 Act was unconstitutional, Congress therefore asked the states to ratify the Fourteenth Amendment,10 which Congress had partially based on section 1 of the 1866 Act.11 The states ratified the Fourteenth Amendment and C...
...§ 1981 in section § 1 of the Civil Rights Act of 1866 ("1866 Act") under the power co... Fourteenth Amendment by holding that state action was not required because § 1982 had ties to the T...
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CIVIL LAW performance bond; contractual limitation of action; reasonableness; waiver
MISSOURI COURT OF APPEALS, WESTERN DISTRICT Civil Practice Attorney's LienRes JudicataPersonal JurisdictionWhere a trial court held that a law firm's declaratory judgment action, which sought to determine the validity of its attorney's lien, was barred by res judicata based on the court's finding that the issue was determined in the underlying personal injury action, in a case of first impression the judgment is reversed because even though the law firm made an unfiled, written demand to be notified of the hearing to approve the settlement in the underlying case, the demand was not an affirmative filing sufficient to submit the law firm to the personal jurisdiction of the court in the underlying personal injury action, so the court lacked personal jurisdiction over the law firm, which m...
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