Constitutional Rights Cannot Be Quarantined! We have consulted municipal insurers, governmental entities and law enforcement agencies on several aspects of potential liabilities arising from enforcement of executive orders issued in response to the COVID-19 pandemic. Below is our letter addressing potential civil liability for law enforcement and prosecutors under state and federal law. https://lexforipllc.com/wp-content/uploads/2020/05/Final-Letter-and-Memo-re-Constitutional-Violations-by-Enforcement-of-Executive-Orders-Re-COVID-19.pdf Click [...]
Tag: constitutional lawyer
The Constitution of the United States Prohibits Legislation Altering the Terms of Insurance Contracts to Force Provision of Coverage or Nullifications of Exclusions Under Commercial Policies – It’s a Two-Way Street – Cannot Impair the Obligation and Cannot Enlarge a Remedy or Create a Contractual Right that Would Not Otherwise Exist Under the State of the Terms of the Contract Before Legislative Alteration
Can a state legislature force an insurer to cover a loss / risk where it is either not covered by the plain terms of the policy’s coverage provisions, or excluded by the policy’s exclusions and/or endorsements without violating the prohibition found in the United States Constitution against impairment of the obligations of contracts? Article I, [...]
Supreme Court Asked to Consider Court of Appeals’ Decision to Keep Anonymous Bloggers Identities Secret in Defamation Suit
In Ghanam v. John Does et al. the Michigan Court of Appeals reversed a trial court's decision to allow the deposition of a fact witness in a defamation suit filed against ostensibly anonymous commentators on an internet-based public forum. Last week, I filed an application for leave to appeal in the Michigan Supreme Court in this case [...]