Civil Remedies
A few states have special provisions for the bringing of civil actions by the elderly. If an older person in Nevada suffers personal injury or death caused by abuse or neglect or suffers a loss of money or property by exploitation, the offender may be ordered to pay up to two times the actual damages incurred. If the offender acted with recklessness, oppression, fraud, or malice, the court shall order the person to pay the attorney's fees and costs of the person who initiated the lawsuit. In Georgia, the elderly may recover actual and punitive damages and attorney's fees for injury resulting from unfair or deceptive business practices
Constitutional basis for legislation
Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce.
[edit] Elements
A Section 1 violation has three elements:[16]
An agreement
which unreasonably restrains competition
and which affects interstate commerce.
Constitutional basis for legislation
Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce.
[edit] Elements
A Section 1 violation has three elements:[16]
An agreement
which unreasonably restrains competition
and which affects interstate commerce.
Cached
