Constitutional Law Insurance Consumer Protection

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Not Just Yet, Again…Class Action Plaintiff Fails in Second Bid to Access a TCPA Defendant’s Insurance Coverage

On October 7, 2013, a Missouri federal court judge held that a class action plaintiff that alleged violations of the Telephone Consumer Protection Act (TCPA) lacked standing to seek coverage under the defendant’s insurance...more

PPACA in the Federal Courts: Constitutional Within the Commerce Clause?

Several lawsuits have challenged the constitutionality of the Patient Protection and Affordable Care Act of 2010 (“PPACA”). Most of them focus on the “requirement” in PPACA Section 1501 and new Chapter 48, Section 5000A of...more

Notes on Oral Argument Before the California Supreme Court on Applicability of the CLRA to "Insurance"

This past Monday, the California Supreme Court heard oral argument on the issue of whether California's Consumer Legal Remedies Act (CLRA) applies to "insurance." As discussed in previous posts, the Fairbanks decision, when...more

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