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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...

Hearing Set In Virginia Health Care Reform Lawsuit

RICHMOND Va. - (AP) The Obama administration's health care reform law is getting its first legal test in Virginia. A federal judge in Richmond will hear arguments Thursday on the administration's motion to dismiss Virginia's lawsuit challenging the new law. Full version available to lexis...

Judge: Lawsuit Over Health Overhaul Can Go To Trial

PENSACOLA, Fla. - (AP) Crucial pieces of a lawsuit challenging the Obama administration's health care overhaul can go to trial, with a judge ruling Thursday he wants to hear more arguments over whether it's constitutional to force citizens to buy health insurance. In a written ruling, U.S. District...

Long Legal Fight Ahead For Obama Health Care Overhaul

WASHINGTON, D.C. - (AP) The scorecard on the legal fight over President Barack Obama's health care overhaul is two judges in favor and one against. But these are the early rounds in preliminary bouts. The one that really counts a showdown at the Supreme Court is at least a year away. Full version...

20 States Ask Judge To Throw Out Obama Health Care Law

PENSACOLA, Fla. - (AP) Attorneys for 20 states fighting the new federal health care law told a judge Thursday it will expand the government's powers in dangerous and unintended ways. The states want U.S. District Judge Roger Vinson to issue a summary judgment throwing out the health care law without...

Florida Judge Finds Individual Mandate In Health Care Act Unconstitutional

PENSACOLA, Fla. -- (Mealey's) A Florida federal judge on Jan. 31 struck down as unconstitutional the individual mandate portion of the Patient Protection and Affordable Care Act (PPACA) and, finding that the provision is not severable, held that the entire act must be declared void ( State of Florida...

Hatch: Kagan Should Sit Out Health Care Reform Case

WASHINGTON, D.C. - (AP) Republican Sen. Orrin Hatch, an opponent of the recently enacted health care overhaul, says Justice Elena Kagan should not take part in the widely expected Supreme Court consideration of the new law. Hatch's call is part of the broad legal and political maneuvering on both...

Mississippi Judge Dismisses Health Care Overhaul Lawsuit

HATTIESBURG, Miss. - (AP) A federal judge is dismissing a lawsuit in Mississippi that challenges part of the Obama administration's health care law, but giving the plaintiffs 30 days to make changes to their complaint. U.S. District Judge Keith Starrett ruled Thursday that the several people who...

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...

Government Tells Judge It Is Appealing On Health Care

WASHINGTON, D.C. - (AP) The Obama administration is appealing a judge's ruling that found the federal overhaul of the health care system unconstitutional. In a two-page notice Tuesday to a federal court in Pensacola, Fla., the Justice Department said the Health and Human Services Department and other...

11th Circuit Speeds Up Health Overhaul Appeal

(AP) A federal appeals court has agreed to act swiftly in considering a Florida judge's ruling that President Obama's health care overhaul is unconstitutional. The 11th Circuit Court of Appeals in Atlanta said Friday that it had agreed to expedite the appeal, setting a faster timetable. . . ...

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...

Obama Reaps Victory As 6th Circuit Upholds Health Care Overhaul

CINCINNATI - (AP) In the first ruling by a federal appeals court on President Barack Obama's health care overhaul, a panel in Cincinnati handed the administration a victory Wednesday by agreeing that the government can require a minimum amount of insurance for Americans. A Republican-appointed judge...

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...

Plaintiffs Lack Standing To Challenge Health Care Act, 9th Circuit Affirms

SAN FRANCISCO - (Mealey's) A panel of the Ninth Circuit U.S. Court of Appeals on Aug. 13 affirmed a lower court ruling that plaintiffs challenging the Patient Protection and Affordable Act (PPACA) lacked standing to challenge the act because they failed to show an injury in fact or a genuine threat...

Virginia Petitions High Court Over Dismissal Of Challenge To Health Care Act

WASHINGTON, D.C. - (Mealey's) The Commonwealth of Virginia on Sept. 30 filed a petition for writ of certiorari with the U.S. Supreme Court, saying that the Fourth Circuit U.S. Court of Appeals erred in finding that Virginia lacked standing to challenge the Patient Protection and Affordable Care Act...

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...

Supreme Court To Review Challenges To Health Care Reform Act

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 14 agreed to review three cases challenging the Patient Protection and Affordable Care Act (PPACA) after considering five of six petitions challenging the act at its Nov. 10 conference ( National Federation of Independent Business, et al...

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...

This is Real Law: Rx for Litigation: New Inpatient Rule May Lead to More Malpractice Suits

Our circumstances are often defined by fateful decisions. Those decisions can be our own, those made by others (with or without our knowledge or consent), or both. That’s particularly true with regard to our personal health. You climb a wonky ladder to adjust a second-story TV antenna, for example...

Foley & Lardner LLP: 7th Circuit Rejects Public-Disclosure Bar in Qui Tam Case

By Eric G. Pearson A cardinal rule of a qui tam action brought under the False Claims Act is that the relator must be the information’s original source. In United States ex rel. Heath v. Wisconsin Bell, Inc. , No. 12-3383 (7th Cir. July 28, 2014) , the Seventh Circuit grappled with this bar...