Feds ask Va. health reform lawsuit be dismissed
Lawyer Blogs
The Obama administration is asking a federal judge in Virginia to dismiss the state's lawsuit challenging the constitutionality of the new health reform law.
In a motion filed hours before the court deadline on Monday, Health and Human Services Secretary Kathleen Sebelius argued that Congress acted well within its authority. It also claims Virginia lacks jurisdiction to sue.
State Attorney General Ken sued hours after Congress passed the sweeping health reform bill in March.
He alleged that by requiring Virginians to buy health coverage or pay a fee, Congress exceeded its authority under the 10th Amendment.
Sebelius argues that the new law is well within the scope of the Commerce Clause of the Constitution.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.