4th Circuit: Virginia Lacked Standing To Challenge Health Care Reform Act

RICHMOND, Va. - (Mealey's) A Fourth Circuit U.S. Court of Appeals panel on Sept. 8 reversed a lower court ruling holding that the individual mandate provision contained in the Patient Protection and Affordable Care Act (PPACA) was unconstitutional, finding that the State of Virginia lacked standing...

Pennsylvania Federal Judge: Individual Mandate In Health Care Act Violates Constitution

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...

States Petition Supreme Court In Health Care Act Case

WASHINGTON, D.C. - (Mealey's) States challenging the Patient Protection and Affordable Care Act (PPACA) filed a petition on Sept. 28 for writ of certiorari with the U.S. Supreme Court, saying an 11th Circuit U.S. Court of Appeals decision affirming that the individual mandate contained in the act...

Government Petitions U.S. Supreme Court In Health Care Act Case

WASHINGTON, D.C. -- The federal government on Sept. 28 filed a petition for writ of certiorari with the U.S. Supreme Court, saying the 11th Circuit U.S. Court of Appeals erred in affirming that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is unconstitutional...

Obama Appeals Health Care Setback To Supreme Court

WASHINGTON, D.C. - (AP) Raising prospects for a major election-year ruling, the Obama administration launched its Supreme Court defense of its landmark health care overhaul Wednesday, appealing what it called a "fundamentally flawed" appeals court decision that declared the law's central...

The Week in Securities Litigation: Obama Announces New Financial Fraud Task Force, SEC Enforcement, Litigation Trends

The President announced a new financial fraud task force focused on the root causes of the financial crisis in his State of the Union Address to Congress. The new task force is composed of DOJ and state prosecutors. It is charged with investigating the securitization process which many believe is at...

High Court Hears First Day Of Arguments On Health Care Reform Act

The U.S. Supreme Court on March 26 heard oral arguments on whether challenges to the Patient Protection and Affordable Care Act are premature under the Anti-Injunction Act and should be barred until penalties for failing to purchase health care insurance under the individual mandate have to be paid ...

U.S. Supreme Court Considers Whether Individual Mandate Is Unconstitutional

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 27 heard oral arguments on whether the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) that requires most Americans to purchase health care insurance is constitutional ( Department of Health and Human...

High Court Hears Arguments On Severability Of Individual Mandate In Health Care Reform Act

WASHINGTON, D.C. - (Mealey's) In the first of two sessions on March 28, the U.S. Supreme Court heard oral arguments on whether, if the individual mandate contained in the Patient Protection and Affordable Care (PPACA) is found unconstitutional, it can be severed from the remainder of the act ( National...

High Court Hears Arguments On Constitutionality Of Expansion Of Medicaid Required By PPACA

WASHINGTON, D.C. - (Mealey's) In the final of four sessions of oral arguments held this week pertaining to the Patient Protection and Affordable Care Act (PPACA), the U.S. Supreme Court heard arguments March 28 on whether the act's expansion of Medicaid is constitutional ( State of Florida, et...

In Sweeping Opinion, High Court Upholds Constitutionality Of Health Care Reform Act

WASHINGTON, D.C. - (Mealey's) In a sweeping opinion covering four issues addressed over three days of oral argument, the U.S. Supreme Court on June 28 found that the Anti-Injunction Act (AIA) does not bar challenges to the Patient Protection and Affordable Care Act (PPACA), that the individual mandate...

Williams Mullen: D.C. U.S. Court of Appeals Pushes Back At NLRB, President Obama

By David C. Burton Once again the National Labor Relations Board has been found to have issued a decision without the statutorily mandated three member quorum. On January 25, 2013, the United States Court of Appeals for the District of Columbia found that the National Labor Relations Board's decision...

High Court Agrees To Hear Appeal Of NLRB Quorum Dispute

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 24 agreed to decide whether President Obama's "recess" appointments of three members to the National Labor Relations Board in 2012 should be upheld ( National Labor Relations Board v. Noel Canning, a Division of the Noel Corp...

Emergency Application Filed With U.S. High Court Seeking To Halt NLRB Actions

WASHINGTON, D.C. — (Mealey’s) CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. filed an emergency application with Chief Justice John G. Roberts Jr. on July 1 seeking to halt National Labor Relations Board (NLRB) proceedings concerning unfair labor practice...

Chief Justice Denies Request To Shut Down NLRB

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board (NLRB) proceedings pending a decision on the dispute over “recess” appointments to the...

Duane Morris LLP: Compounding Pharmacies Now Subject To Federal Oversight

On November 27, 2013, President Obama signed into law the Drug Quality and Security Act . Title I of this law—entitled the Compounding Quality Act (the "CQA")—allows the federal Food and Drug Administration (FDA) to oversee drug compounding in human health. The CQA does not apply...