Legal Opinion

Liberty Mutual Insurance v. Whitehouse

District Court, D. Rhode Island

Decided November 23, 1994No. C.A. 91-0222TPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

TORRES, District Judge.

This is an action to declare void and to enjoin enforcement of a Rhode Island statute that requires payment of annual cost-of-living adjustments (COLAs) to workers’ compensation recipients who have been totally disabled for more than 52 weeks. The plaintiffs, three affiliated insurance companies (collectively referred to as “Liberty”) contend that, to the extent the statute requires COLA payments to individuals injured prior to its effective date, it violates the Contracts, Due Process and Takings Clauses of the United States Constitution. The case…

2Cases cited33 opinions

  1. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  2. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  3. Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
  4. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  5. Armstrong v. United StatesSupreme Court of the United States · 1960

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3Cited by4 opinions

  1. Amsat Cable Ltd. Partnership III v. Colonial Point Phase I Realty, Inc.Massachusetts Superior Court · 1995
  2. Ford Motor v. Meredith MotorDistrict Court, D. New Hampshire · 2000
  3. United States Fidelity & Guaranty Co. v. McKeithenDistrict Court, M.D. Louisiana · 1999
  4. In Re Gte Reinsurance Company LimitedSuperior Court of Rhode Island · 2011

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