The last question is: "Does the
statute act as a severe impairment of the contract at issue or does it only impair the contract minimally?"
Statutes that impair contracts minimally are constitutional under Pomponio, whereas
statutes that severely impair contracts are not.
In the lower court ruling, the split, three-judge panel found that although section 309's language "could reasonably lead to a conclusion that its application is limited only to
statutes of limitations," an alternative reading is possible that encompasses
statutes of repose.
Statutes of limitations benefit society as well as the accused.
However, unlike Florida
Statute [section]440.13(5), which provides for an independent medical examination "in any dispute concerning overutilization, medical benefits, compensability, or disability," the EMA (expert medical advisor)
statute specifically limits its utilization to three different scenarios.
Although the
statutes seem straightforward, they leave questions unanswered that may impact an adjuster handling a property damage loss potentially related to a construction defect.
At trial, the Kus disputed the blight findings and claimed that the city failed to negotiate in good faith before resorting to eminent domain, as required by
statute. Under the applicable redevelopment
statute, the condemnor is deemed to have satisfied its duty to negotiate in good faith if its offer "was no lower than the amount reflected in an appraisal performed by a state-licensed or state-certified appraiser." The Kus argued that although their appraiser was state-licensed, the city did not comply with the
statute because the appraisal did not meet six standards of USPAP.
The
Statutes at Large series often is available at large libraries.
Executive agencies, on the other hand, must stay within the limits of procedural
statutes and enabling legislation.
"The Constitution establishes that
statutes enacted by Congress with the concurrence of the President (or over his veto) have no less weight than treaties made by the President with the advice and consent of two-thirds of the Senate.
For example, the Supreme Court anointed a ruling involving the so-called "overnight rule" under the
statute permitting business travelers to deduct meal and lodging expenses.
CONTENTS I Introduction II When Is There a True Conflict between the
Statutes of Different States?
* Maine Revised
Statutes Annotated, Title 9-A, 8-303