Legal News Podcast - New Hampshire Federal Court Dismisses Challenge to Obamacare - Standing Not A Fiction

A New Hampshire federal judge dismisses a challenge to the Health Care Act by a Medicare recipient, and, a $111 million interest award is issued in a Texas federal patent case. Hear these and other stories from LexisNexis® Mealey's Publications. Copyright© 2011 LexisNexis, a division of...

LexisNexis® Insurance Law Community Podcast featuring Susan Voss, President of the National Association of Insurance Commissioners

On this edition, LexisNexis Insurance Law Community Manager Karen Yotis talks with Susan E. Voss, Commissioner of the Iowa Insurance Division and President of the NAIC, discusses the recent commissioners conference, health care reform issues, financial services oversight, the relationship with the new...

Virginia's Attack on Health Care Reform Individual Mandate in PPACA Heard by Fourth Circuit

RICHMOND, Va. - (Mealey's) The federal government argued before a panel of the Fourth Circuit U.S. Court of Appeals on May 10 that a district court judge erred in finding that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is unconstitutional, while the...

Health Care Reform Scores a Victory: Patient Protection and Affordable Care Act’s Individual Mandate Upheld by Sixth Circuit

CINCINNATI -- (Mealey's) The individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is a valid exercise of Congress' power under the commerce clause of the U.S. Constitution, a Sixth Circuit U.S. Court of Appeals panel held June 29, ( Thomas More Law Center, et...

Legal News Podcast - Divided 7th Circuit: Elimination Of Retiree Health Benefit Doesn't Violate ERISA

A Virginia federal judge finds Viagra patents are valid and infringed, and the 7th Circuit holds in John Sullivan, et al. v. CUNA Mutual Insurance Society, et al., No. 10-1558, 7th Cir.; 2011 U.S. App. LEXIS 16413 , that elimination of a retiree health benefit does not violate ERISA. Hear these and other...

Legal News Podcast: 9th Circuit-No Standing to Challenge Obamacare; 11th Circuit-Healthcare Reform Individual Mandate Unconstitutional

The 11th Circuit finds the Patient Protection and Affordable Care Act's individual mandate to be unconstitutional in Fla. v. United States HHS , 2011 U.S. App. LEXIS 16806 (11th Cir. Fla. Aug. 12, 2011) , and, the 9th circuit affirms that plaintiffs lack standing to challenge the act in Baldwin v...

Guidance Provided on Summary of Benefits and Coverage

By Marla G. Roshkoff and Brian M. Pinheiro Continuing with the recent proliferation of guidance on health care reform, the U.S. Departments of the Treasury, Labor, and Health and Human Services have released proposed regulations and requested comments regarding the implementation of a new, simplified...

Purchasing Health Insurance Through an Exchange: Implications for Large Employers

By Vanessa A. Scott and Carol A. Weiser, Sutherland Asbill & Brennan LLP The Departments of Health and Human Services (HHS) and Treasury, respectively, have issued guidance on (1) the ability of individuals and small employers to purchase health insurance through an exchange, and (2) the premium...

Obamacare Loses a Round in Pennsylvania - Individual Mandate Violates Commerce Clause

HARRISBURG, Pa. -- A Pennsylvania federal judge on Sept. 13 held that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is an unconstitutional extension of authority granted to the federal government under the U.S. Constitution's commerce clause ( Barbara...

LexisNexis® Legal News Podcast - Challenges to Obamacare (Patient Protection and Affordable Care Act) Rejected

The 4th Circuit finds Virginia lacked standing to challenge the Patient Protection and Affordable Care Act, Virginia ex rel. Cuccinelli v. Sebelius, 2011 U.S. App. LEXIS 18632 (4th Cir. Va. Sept. 8, 2011) , and, in a separate case, finds the Anti-Injunction Act strips a court of jurisdiction to hear...

Sutherland Legal Alert - New Rules for Summaries of Health Benefits and Coverage

By Carol Weiser and Vanessa Scott, Sutherland Asbill & Brennan LLP Proposed regulations on, and a proposed template for, the Summary of Benefits and Coverage (SBC) required by section 2715 of the Public Health Service Act (PHSA), as added by the Patient Protection and Affordable Care Act (PPACA...

LexisNexis® Legal News Podcast - Health Care Reform Takes a Hit - Court Rules Individual Mandate Violates Commerce Clause

A Pennsylvania federal judge finds the individual mandate in the Patient Protection and Affordable Care Act violates the Constitution, Goudy-Bachman v. United States HHS, 2011 U.S. Dist. LEXIS 102897 (M.D. Pa. Sept. 13, 2011) , and, a California federal judge certifies a wage-and-hour class suing a refinery...

LexisNexis® Legal News Podcast - Victory For Health Care Reform Is Appealed by Jerry Falwell's Liberty University To Supreme Court

Liberty University petitions the Supreme Court over dismissal of a health care reform case, and defendants in a Propofol infection case in Nevada are ordered to pay $162.5 million in punitive damages. Hear these and other stories from LexisNexis® Mealey's Publications. Copyright © 2011 LexisNexis...

No ERISA Preemption for Unfair Insurance Practices in Montana

By Barry Zalma, Attorney and Consultant In 1987 the U.S. Supreme Court decided Pilot Life Insurance Co. V. Dedeaux, 481 U.S. 41, 95 L. Ed. 2d 39, 107 S. Ct. 1549 (U.S. 04/06/1987) , that held that the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. §...

Highlights of the Winter 2011 Issue of New Appleman on Insurance: Current Critical Issues in Insurance Law

The Winter 2011 issue of New Appleman on Insurance: Current Critical Issus in Insurance Law features three timely articles of significant importance: • The Supreme Court's 2011 Class Action Decisions: Their Impact on Insurance Class Actions • The Rise of U.S. Onshore Captive Domiciles...

Health Insurance at the Intersection of State and Federal Regulation: Confused Regulation of ERISA Fully Insured MEWAs

By R. Dean Conlin, Partner, Locke, Lord, Bissell & Liddell, L.P. Small employers have struggled to have the same funding and plan design flexibility and uniform plan coverage for group health insurance as larger employers. A fully insured, multiple employer welfare arrangement ("MEWA"...

The Third Burning of Washington: Uncivil Health Care Wars Continue

By Alvin D. Lurie Historical Headnote: Washington has been burned twice before - once 197 years ago literally, by the enemy from without, when the British burned the White House and the U.S. Capitol during the War of 1812; and once metaphorically, by the enemy from within, when the Confederacy broke...

Ballard Spahr Legal Alert: HHS Releases FAQs on Essential Health Benefits

By Edward I. Leeds and Clifford J. Schoner On February 17, 2012, the U.S. Department of Health and Human Services (HHS) released a set of FAQs concerning the Essential Health Benefits Bulletin it issued on December 16, 2011. The FAQs offer new guidance and raise new questions about the scope of what...

HHS Releases Final Rule and Interim Final Rules on Affordable Care Act's State Health Insurance Exchanges

On March 12, 2012, the U.S. Department of Health and Human Services (HHS) released the long-anticipated Final Rule and Interim Final Rules (the "Rules") on the Patient Protection and Affordable Care Act's (ACA) state health insurance exchanges ("Exchange(s)"), a key element of...

McGuireWoods on the Supreme Court's Federal Health Care Reform Law Decision

By Stephanie A. Kennan , Brian Looser , Vincent A. Dongarra and R. Brent Rawlings Intro: On June 28, 2012, the Supreme Court of the United States issued its opinion in the case of National Federation of Independent Business et al. v. Sebelius, Secretary of Health and Human Services, et al. [ enhanced...

Oregon Federal Court Holds No Duty to Pay Insured’s Appellate Costs

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in City of Medford v. Argonaut Ins. Group, 2012 U.S. Dist. LEXIS 86114 (D. Ore. June 21, 2012) , the United States District Court for the District of Oregon had occasion to consider whether an insurer's...

Cadwalader Clients & Friends Memo: Important Court Decision For No-Fault Insurers: Federal Court Rejects Limitation on State Farm v. Mallela

We are pleased to inform you that our firm has obtained a very favorable and significant decision for no-fault insurers on an important issue of first impression. Specifically, on January 7, 2013, in the case of Allstate Ins. Co. v. Elzanaty , the United States District Court for the Eastern District...

State Net Capitol Journal Legislative Updates: Health and Homeowner’s Insurance

BUSINESS: MARYLAND Gov. Martin O'Malley (D) signs SB 446, legislation that bars insurers from denying or canceling a homeowner's or renter's policy solely because the consumer does not also have their car insured with that company, or vice versa (MARYLAND GOVERNOR'S OFFICE). • The...

State Net Capitol Journal Legislative Updates: More States Implement Affordable Care Act Health Insurance Reforms

GOVERNORS IN BRIEF: KENTUCKY Gov. Steve Beshear (D) introduced the state's health benefits exchange web site, dubbed "Kynect: Kentucky's Healthcare Connection." Health exchanges are scheduled to begin enrolling members on Oct. 1 (LEXINGTON HERALD). HEALTH & SCIENCE: COLORADO...

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