OVER 10,000 AMERICANS JOIN LAWSUIT AGAINST OBAMACARE

In a new twist on lawsuits against Obamacare, TN attorney Van Irion filed a national class action in Federal court. The suit challenges Obamacare on the basis that Congress is not authorized by the Constitution to regulate health care. Mr. Irion is asking the courts to re-evaluate the Commerce clause precedent, arguing that current precedent in effect destroys the intent of the Constitution and specifically the 10th Amendment.

(PRWEB) April 19, 2010 -- Over 10,000 Americans have joined a lawsuit against Obamacare (http://obamacareclassaction.com). In a new twist on lawsuits against Obamacare, TN constitutional attorney and congressional candidate (http://www.van4congress.org/) Van Irion filed what is shaping up to be a national class action in Federal court April 8th. The suit challenges the constitutionality of Obamacare on the basis that Congress is not authorized by the Constitution to regulate health care. Mr. Irion is asking the courts to re-evaluate the legal precedent related to the Commerce clause, arguing that current precedent in effect destroys the intent of the Constitution and specifically the 10th Amendment.

The lawsuit is a unique take on legal actions against the recently passed Patient Protection and Affordable Care Act. It is the first suit that allows any US citizen to join as a plaintiff and is the only suit to directly attack the legal precedent of the Commerce clause and therefore the Constitutionality of Obamacare. Greta Van Susteren, who has been following lawsuits related to Health Care Reform on her show “On the Record with Greta Van Susteren (http://www.foxnews.com/ontherecord/)”, will interview Van Irion this week during the 10pm time slot.

“The lawsuit quickly became so popular among grassroots movements, that we set up a website to take plaintiff information and allow people to follow the progress of the case,” said Irion, The site name is Obamacare Class Action, or “OCA”, and can be found at http://www.obamacareclassaction.com. The form that captures the necessary information asks for name, address and email address. Phone number and company name is optional, but gives US companies the option of signing on as a corporate plaintiff. “Once the complaint is amended to include all the plaintiffs that have signed on, each name will be listed,” said Irion. “At that point, we expect to have tens of thousands of plaintiffs.”

Since filing suit on April 8th, the site has added 1,000 plaintiffs (http://obamacareclassaction.com/join.php) a day on average, although Irion says that rate is increasing as more people hear about the opportunity to join. “This is truly the ‘People’s Suit’. It is their name on the complaint, versus the President, Pelosi, Reid and the U.S., saying that the Obamacare legislation is wrong. It is unconstitutional and must be overturned. The chance to take this to court with a team of constitutional attorneys making the points they have been shouting for over a year is something Americans have been looking for,” said Irion. "I am one of those that have been pointing out the unconstitutionality of Obamacare and am thrilled to have the opportunity to take on this fight.”

The complaint was filed in Federal Court, Eastern District of Tennessee, Chattanooga, case file number 1:10cv-71. For more information about Van Irion, visit Van4Congress (http://www.van4congress.org/) or Law Office of Van R Irion PLLC (http://www.irionlaw.com/).

Did you receive this email update today? Looks like we go forward next week!

Date:

Monday, July 12, 2010 10:34 AM

From:

Van Irion <van@van4congress.org>

To:

********<>

Subject:

OCA Legal Notice to ********

*********,

This is a legal notice that you are one of the 32,000 named plaintiffs in the Obamacare Class Action lawsuit titled Shreeve v. Obama et al, Federal case number 1:10-cv-00071, which you can view at http://www.obamacareclassaction.com/obamacare-complaint.pdf. Your name is being added to the amended complaint, which will be filed in one week, along with a motion for preliminary injunction requesting a court order to immediately stop the enforcement of Obamacare. Copies of both filings will be made available online once they are filed and stamped by the court.

While your name will be added to the complaint, none of your contact information will be made publicly available. It is unlawful for any opposing party to contact you directly. Any communications with the court or opposing counsel must go through me. If you are contacted by any opposing party regarding this lawsuit, do not respond. Instead, forward those communications to me. Please know that I will not share your contact information with anyone unless ordered by the court to do so. Even then, your information will not be shared without your foreknowledge and your opportunity to opt out.

If we do not hear from you, we will assume you wish to continue as a plaintiff in this action. Thank you for taking a stand!

If you do not wish to be a plaintiff in this action, simply send an email to oca@irionlaw.com with your name and address, and a statement that you wish to be removed from the list of plaintiffs.

If your contact information has changed, click this link to update your profile - <profile link deleted>

NOTE - One thousand of the email addresses submitted have errors. Please contact your friends, family and neighbors who you know have signed on and ask them if they received this notice. If they have not, share this link with them to update their information - http://obamacareclassaction.us1.list-manage1.com/subscribe?u=792e0f34fd18fbbcf6cfb3f4b&id=b07321b020

Do not forward this email with the links associated with your ID as someone else could unsubscribe you, just forward this link - http://obamacareclassaction.us1.list-manage1.com/subscribe?u=792e0f34fd18fbbcf6cfb3f4b&id=b07321b020

SO WHAT HAPPENS NEXT?
The defendants will be served the summons, complaint, and the motion for preliminary injunction. They will have 60 days to respond to the complaint and 14 days to respond to the preliminary injunction. I then have 7 days to reply to their response to the preliminary injunction. Our preliminary injunction will be the first motion to be heard. I will push for the earliest hearing date possible and will inform you as soon as I know that date.

CAN PLAINTIFFS STILL BE ADDED?
Yes, however the process will be slightly different. I will have to file a joinder motion to add the new names and the court would not appreciate this being done repeatedly. Therefore, I can accept names up to the preliminary injunction hearing date and will submit the joinder motion at that time. The legal standard for granting the joinder motion is extremely generous and the court really has little discretion to refuse.

WHO IS THE LEAD PLAINTIFF TONY SHREEVE?
Tony Shreeve is a leader in the Tennessee Tea Party and Liberty movements. I am proud and honored to call him a friend. It was his leadership and courage that began this action against Obamacare and gave every American the opportunity to fight this unconstitutional takeover of our health care industry.

WHO IS THE JUDGE WHO WILL HEAR THIS CASE?
Two judges are assigned to the case; Presiding Judge Curtis L. Collier and Magistrate Judge William B. Carter. Typically the presiding judge would hear the motions in a case of this type, however it is up to the court's discretion as to which judge will hear the preliminary injunction motion. If you believe in the power of prayer, as I do, please pray that both Judge Collier and Judge Carter will hear the arguments without bias, that they will consider honestly the original intent of our Constitution (including the 10th Amendment) and that they will rule in timely manner, as justice delayed is justice denied.

In Liberty,

Van

Law Office of Van R Irion, PLLC
9040 Executive Park Dr, Ste 223
Knoxville, TN 37923
Email: van@van4congress.org

excerpt:

“Dyna Chrome
This is a legal notice that you are one of the 32,000 named plaintiffs in the Obamacare Class Action lawsuit titled Shreeve v. Obama et al, Federal case number 1:10-cv-00071, which you can view at http://www.obamacareclassaction.com/obamacare-complaint.pdf. Your name is being added to the amended complaint, which will be filed in one week, along with a motion for preliminary injunction requesting a court order to immediately stop the enforcement of Obamacare. Copies of both filings will be made available online once they are filed and stamped by the court.

While your name will be added to the complaint, none of your contact information will be made publicly available. It is unlawful for any opposing party to contact you directly. Any communications with the court or opposing counsel must go through me. If you are contacted by any opposing party regarding this lawsuit, do not respond. Instead, forward those communications to me. Please know that I will not share your contact information with anyone unless ordered by the court to do so. Even then, your information will not be shared without your foreknowledge and your opportunity to opt out.

If we do not hear from you, we will assume you wish to continue as a plaintiff in this action. Thank you for taking a stand!

If you do not wish to be a plaintiff in this action, simply send an email to oca@irionlaw.com with your name and address, and a statement that you wish to be removed from the list of plaintiffs.

NOTE - One thousand of the email addresses submitted have errors. Please contact your friends, family and neighbors who you know have signed on and ask them if they received this notice. If they have not, share this link with them to update their information - http://obamacareclassaction.us1.list-manage1.com/subscribe?u=792e0f34fd18fbbcf6cfb3f4b&id=b07321b020";

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