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The company contends the contract is clear about the basis for the fee.
The Trial Court declared, among other things, that the additional fee violated the Commerce Clause, finding that the only basis for the fee is the waste's origin.
The Court then held that the Constitution requires that a union collecting a fee from nonmembers provide "an adequate explanation of the basis for the fee, a reasonably prompt opportunity to challenge the amount of the fee before an impartial decisionmaker, and an escrow for the amounts reasonably in dispute while such challenges are pending". Id., at 310.
Impressive-sounding recitations of the requirements for establishing a class action, but not a trace of the inquiry a judge is supposed to perform into the fairness of the settlement and the basis for the fee.
Similar(56)
Ellen C. Ginsberg, general counsel for the Nuclear Energy Institute, said there was therefore no longer a basis for collecting the fee.
The Trial Court declared the base fee and the cap provisions of the Act to be valid and constitutional; but, finding the only basis for the additional fee to be the origin of the waste, the Trial Court declared it to be in violation of the Commerce Clause.
The Court finds under the facts of this case that the only basis for the additional fee is the origin of the waste". App. to Pet. for Cert.
It said the basis for calculating the fees was flawed because it did not take account of variations in demand from one area to another.
GPs expectations of an adequate payment for house visits were made on the basis of the fees craftsmen charged for their work.
With the validated doctor times, the DBC groups form also the basis for the doctors' fees.
For participants who wish to register for modules on an individual basis, the fee for each module is $199.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com