Tag Archives: Unconstitutional

Florida Statute Allowing Defendants in Medical Malpractice Suits to Hold Ex Parte Interviews with the Aggrieved Patient’s Care Providers Declared Unconstitutional

Weaver v. Myers, 229 So.3d 1118 (Fla. 2017) In this medical malpractice action, filed in connection with the patient’s allegedly wrongful death, the defendants attempted to take advantage of Florida’s pre-suit discovery statute, Fla. Stat. Ann. §§ 766.106, 766.1065. This … Continue reading

Posted in Medical malpractice law | Tagged , , , , , , , , , , , , , , , | Leave a comment

Iowa Senate Bill Would Require State Supreme Court Supermajority to Find Laws Unconstitutional

The Des Moines Register reports:The Iowa Senate narrowly approved a controversial bill Tuesday that says no state law can be held unconstitutional by an Iowa court without the concurrence of at least five justices of the seven-member Iowa Supreme Court. Senate … Continue reading

Posted in Technology & Cyberlaw | Tagged , , , , , , , , , , , | Leave a comment

Twenty states file a lawsuit alleging the ACA is unconstitutional without the individual mandate penalty

A group of twenty states has filed a lawsuit against the Trump administration alleging that the Affordable Care Act (ACA) is unconstitutional.  Plaintiffs take the position that the elimination of the individual mandate penalty in  the Tax Cuts and Jobs … Continue reading

Posted in Health Law | Tagged , , , , , , , , , | Leave a comment

NM: Assuming stop was unconstitutional, def’s giving a false name purged the taint

Surveying the law nationwide, the court concludes that defendant’s giving a false name purged the taint of his unreasonable stop under both the Fourth Amendment and the state constitution. The court declines the invitation to distinguish between violent and non-violent … Continue reading

Posted in Criminal Law | Tagged , , , , , , , , | Leave a comment

The SEC's Unconstitutional Hearing Process – Will the Supremes Fix It?

We have addressed the bizarre, and unconstitutional situation in SEC administrative proceedings, where the Commission files a complaint, appoints the "prosecutor" and the judge, and creates the rules under which the trial will be held. It is a process that … Continue reading

Posted in Banking and Finance law | Tagged , , , , | Leave a comment