Puerto Rico Motion to Dismiss - Personal Injury

State:
Multi-State
Control #:
US-PI-0313
Format:
Word; 
Rich Text
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Description

This form is a sample motion to dismiss filed by the defendant seeking to have plaintiff's cause of action dismissed for failure to state a claim upon which relief may be granted.

How to fill out Motion To Dismiss - Personal Injury?

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FAQ

The court ruled 8-1 that Congress can deny Supplemental Income Security, or SSI, benefits to Puerto Rico residents because they don't pay all federal taxes. Justice Sonia Sotomayor, one of the court's three liberals, whose family stems from Puerto Rico, dissented.

The court?following the nativist and xenophobic decisions of more than a century ago?upheld the federal government's exclusion of Puerto Rico from a Social Security benefits program, which will stop more than $2 billion a year from flowing to U.S. citizens living on the Island.

The political status of Puerto Rico is that of an unincorporated territory of the United States officially known as the Commonwealth of Puerto Rico (Spanish: Estado Libre Asociado de Puerto Rico, lit. 'Free Associated State of Puerto Rico').

The justices ruled 8-1 in favor of President Joe Biden's administration, reversing a lower court's ruling that a 1972 decision by Congress to exclude Puerto Rico from the Supplemental Security Income (SSI) program violated a U.S. Constitution requirement that laws apply equally to everyone.

NOTE: To get SSI, you must live in one of the 50 states, the District of Columbia, or the Northern Mariana Islands and be a U.S. citizen or national. People who live in American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands cannot receive SSI.

All states have a time limit on how long you have to file a personal injury claim. In states like Florida, the time limit, called the Statute of Limitations, is four years, while in Puerto Rico, the time limit is one year, and the clock starts ticking when the injury occurs.

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Puerto Rico Motion to Dismiss - Personal Injury