Litigation

Recent Posts

David Harlow On Massachusetts Health Reform Plan, National Health Reform, Litigation
Posted on 1 Mar 2011 by LexisNexis Litigation Resource Community Staff

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... Read More

Judge Rules Parts Of Health Care Act Unconstitutional
Posted on 13 Dec 2010 by Cheryl Keely

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... Read More

11th Circuit Hears Oral Arguments In Lawsuit Over Health Care Law
Posted on 10 Jun 2011 by Cheryl Keely

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... Read More

Challenge To Health Care Reform Act Based On Religious Beliefs Dismissed
Posted on 23 Feb 2011 by Cheryl Keely

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... Read More

3rd Circuit Affirms Dismissal Of Health Care Act Case For Lack Of Standing
Posted on 3 Aug 2011 by Cheryl Keely

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... Read More

6th Circuit Finds Individual Mandate In Health Care Act Constitutional
Posted on 29 Jun 2011 by Cheryl Keely

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... Read More

Ballard Spahr LLP Alert: Florida Supreme Court Rules State Vicarious Liability Law Preempted
Posted on 30 Jun 2011 by Ballard Spahr LLP

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... Read More

11th Circuit: Heath Care Reform Law's Individual Mandate Is Unconstitutional
Posted on 12 Aug 2011 by Cheryl Keely

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... Read More

11th Circuit Strikes Health Insurance Requirement
Posted on 13 Aug 2011 by LexisNexis Litigation Resource Community Staff

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... Read More

Virginia Responds To Motion To Dismiss Health Care Lawsuit
Posted on 8 Jun 2010 by LexisNexis Litigation Resource Community Staff

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... Read More

4th Circuit Panel In Virginia Hears Health Care Cases
Posted on 11 May 2011 by LexisNexis Litigation Resource Community Staff

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... Read More

Obama Administration Defends Health Care Reform In Court
Posted on 1 Mar 2011 by LexisNexis Litigation Resource Community Staff

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... Read More