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(DOWNLOAD) "Jules Ciamaichelo and Rob Stevens" by In the Court of Appeals Sixth Appellate District of Texas at Texarkana * eBook PDF Kindle ePub Free

Jules Ciamaichelo and Rob Stevens

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eBook details

  • Title: Jules Ciamaichelo and Rob Stevens
  • Author : In the Court of Appeals Sixth Appellate District of Texas at Texarkana
  • Release Date : January 21, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 82 KB

Description

Appellants Jules Ciamaichelo and Rob Stevens, Inc. commenced a class action against Appellee Independence Blue Cross ("IBC") in the Court of Common Pleas of Bucks County on behalf of themselves and other IBC subscribers, policyholders and members. In their Class Action Complaint ("Complaint"), Appellants alleged that IBC violated the Nonprofit Corporation Law of 1988 ("Non-Profit Law"), 15 Pa.C.S. §5101 et seq., and breached contractual and fiduciary duties in having amassed an excess in surplus funds for purposes inconsistent with its non-profit status. We granted review to consider whether the Commonwealth Court correctly determined that the Complaint could not proceed in the court of common pleas due to a lack of subject matter jurisdiction and the filed-rate doctrine. For the following reasons, we conclude that the Commonwealth Court erred. Accordingly, the order of the Commonwealth Court is reversed, and this case is remanded to the Commonwealth Court for further proceedings.


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