Virginia Responds To Motion To Dismiss Health Care Lawsuit

RICHMOND Va. - (AP) Virginia on Monday disputed the Obama administration's claim that the state lacks standing to challenge the new federal health care reform law. State Attorney General Kenneth Cuccinelli also said Health and Human Services Secretary Kathleen Sebelius is wrong in contending that...

Constitutional Challenge To Insurance Requirement Of Health Care Reform Act Dismissed

DETROIT - (Mealey's) A Michigan federal judge on Oct. 7 dismissed a constitutional challenge to the health insurance mandate/federal income tax penalty of the Health Care Reform Act, saying Congress has a right to try to eliminate cost-shifting by uninsured Americans ( Thomas More Law Center, et...

Judge Rules On Attorneys General Lawsuit Challenging Health Care Law; 2 Claims Remain

PENSACOLA, Fla. - (Mealey's) Two of six claims remain in a suit brought by attorneys general challenging the Patient Protection and Affordable Care Act (PPACA) after a Florida federal judge issued his ruling Oct. 14 on a motion to dismiss brought by the federal government ( State of Florida, et al...

Judge Rules Parts Of Health Care Act Unconstitutional

RICHMOND, Va. -- (Mealey's) A Virginia federal judge on Dec. 13 held that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is unconstitutional and severed it from the rest of the act; the judge denied the plaintiff's request for injunctive relief ( Commonwealth...

Oklahoma AG Challenges Federal Health Care Overhaul

OKLAHOMA CITY - (AP) Oklahoma Attorney General Scott Pruitt has filed a legal challenge against the federal health care overhaul President Barack Obama signed into law last year. Pruitt's filing Friday in U.S. District Court in Muskogee makes Oklahoma the 28th state to challenge the constitutionality...

Challenge To Health Care Reform Act Based On Religious Beliefs Dismissed

WASHINGTON, D.C. - (Mealey's) A District of Columbia federal judge on Feb. 22 dismissed a challenge to the Patient Protection and Affordable Care Act (PPACA), finding that Congress did not exceed its power in enacting the individual mandate provision and that the act did not violate the plaintiffs'...

David Harlow On Massachusetts Health Reform Plan, National Health Reform, Litigation

By David Harlow I am a guest on the latest edition of Lawyer2Lawyer , a podcast talk show on the Legal Talk Network hosted by fellow Bay State blawger Bob Ambrogi and Golden State lawyer Craig Williams, discussing aspects of the Massachusetts health reform plan, national health reform, and the lawsuit...

Obama Administration Defends Health Care Reform In Court

RICHMOND, Va. - (AP) President Barack Obama's administration said in court papers Monday that a federal judge in Virginia erred in striking down the centerpiece of its health care reform law. The administration urged the 4th U.S. Circuit Court of Appeals to reverse the judge's ruling, arguing...

4th Circuit Panel In Virginia Hears Health Care Cases

RICHMOND, Va. - (AP) A federal appeals panel dominated by appointees of President Barack Obama heard more than two hours of arguments Tuesday in two Virginia lawsuits challenging his health care overhaul. The three-judge panel of the 4th U.S. Circuit Court of Appeals vigorously questioned lawyers on...

11th Circuit Hears Oral Arguments In Lawsuit Over Health Care Law

ATLANTA - (Mealey's) An 11th Circuit U.S. Court of Appeals panel heard more than two hours of oral argument on June 8 in the federal government's challenge to a district court's decision finding the minimum coverage provision in the Patient Protection and Affordable Care Act (PPACA) unconstitutional...

6th Circuit Finds Individual Mandate In Health Care Act Constitutional

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 in affirming the dismissal of...

Ballard Spahr LLP Alert: Florida Supreme Court Rules State Vicarious Liability Law Preempted

By the Ballard Spahr Consumer Financial Services Group The Florida Supreme Court has ruled in Vargas v. Enterprise Leasing Company that the State law imposing vicarious liability on short-term car lessors is preempted by the federal Graves Amendment. The Graves Amendment is a provision of the Safe...

3rd Circuit Affirms Dismissal Of Health Care Act Case For Lack Of Standing

NEWARK, N.J. - (Mealey's) A Third Circuit U.S. Court of Appeals panel on Aug. 3 affirmed the dismissal of a challenge to the Patient Protection and Affordable Care Act (PPACA) brought by a New Jersey physician, one of his patients and a physician organization, saying that the plaintiffs failed to...

11th Circuit: Heath Care Reform Law's Individual Mandate Is Unconstitutional

ATLANTA - (Mealey's) A split 11th Circuit U.S. Court of Appeals panel on Aug. 12 reversed summary judgment involving the Patient Protection and Affordable Care Act but said the health care reform law's mandate that American buy health insurance or pay a penalty is unconstitutional ( State of...

11th Circuit Strikes Health Insurance Requirement

ATLANTA - (AP) A federal appeals panel struck down the centerpiece of President Barack Obama's sweeping health care overhaul Friday, moving the argument over whether Americans can be required to buy health insurance a step closer to the U.S. Supreme Court. The divided three-judge panel of the 11th...

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...