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FLW Supplement Cases of Interest
MORTGAGE FORECLOSURE--ORDER TO SHOW CAUSE. The circuit court denied a motion for order to show cause why a final judgment of foreclosure should not be entered filed by a cooperative association/junior lienholder. Includes discussion of OTSC legislative scheme. Read more...
INSURANCE--PERSONAL INJURY PROTECTION--EMERGENCY SERVICES--DEDUCTIBLE. Where both emergency service providers and other medical providers seek PIP benefits, the deductible must be applied to benefits paid to non-emergency service providers. Read more...
INSURANCE--ATTORNEY'S FEES. A provider who prevailed at trial was not entitled to attorney's fees under section 627.428 where the judgment obtained after the trial was less than the insurer's presuit settlement offer. Read more...
FLW Federal Cases of Interest
CRIMINAL LAW--SENTENCING--ARMED CAREER CRIMINALS ACT. The residual clause of the ACCA, which defines a "violent felony" as including any felony that involves conduct that presents a serious potential risk of physical injury to another, is unconstitutional. Read more...
MARRIAGE--SAME-SEX. The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when the marriage was lawfully licensed and performed out-of-state. Read more...
ENVIRONMENTAL LAW--CLEAN AIR ACT--POWER PLANT EMISSIONS. The Environmental Protection Agency interpreted 42 U.S.C. section 7412(n)(1)(A) unreasonably when it deemed cost irrelevant to its decision to regulate power plants. Read more...
ELECTIONS--REDISTRICTING. The Arizona legislature had standing to challenge Arizona voters' removal of redistricting authority from the Legislature and vesting it in an independent commission. The Elections Clause and 2 U.S.C. section 2a(c) permit Arizona's use of a commission to adopt congressional districts. Read more...