Litigation

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High Court Hears First Day Of Arguments On Health Care Reform Act
Posted on 26 Mar 2012 by Cheryl Keely

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... Read More

Plaintiffs Lack Standing To Challenge Health Care Act, 9th Circuit Affirms
Posted on 15 Aug 2011 by Cheryl Keely

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... 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

Virginia Petitions High Court Over Dismissal Of Challenge To Health Care Act
Posted on 3 Oct 2011 by Cheryl Keely

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... Read More

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

4th Circuit Considers If Dismissal Of Health Care Law Challenge Appropriate
Posted on 11 May 2011 by Cheryl Keely

RICHMOND, Va. - (Mealey's) A group of plaintiffs in Virginia, including a private Christian university, argued before the Fourth Circuit U.S. Court of Appeals on May 10 that a lower court erred in finding that Congress acted within its power in enacting... Read More

4th Circuit: Court Lacks Jurisdiction To Hear Challenge To Health Care Act
Posted on 9 Sep 2011 by Cheryl Keely

RICHMOND, Va. -- In a divided opinion, the majority of Fourth Circuit U.S. Court of Appeals panel on Sept. 8 held that the Anti-Injunction Act strips the court of jurisdiction to hear a challenge to the Patient Protection and Affordable Care Act (PPACA... Read More

Supreme Court Takes No Action On Virginia's Challenge To Health Care Law, For Now
Posted on 18 Apr 2011 by LexisNexis Litigation Resource Community Staff

WASHINGTON, D.C. - Although the state of Virginia has asked for its lawsuit challenging the federal health care law to go straight to the U.S. Supreme Court, the high court on April 15 took no action on the request, the Associated Press has reported.... Read More

Lawsuit Challenging State's Reallocation Of Tobacco Funds May Proceed, Court Rules
Posted on 28 Jun 2012 by Tom Moylan

HARRISBURG, Pa. - (Mealey's) In a 5-2 en banc ruling, the Pennsylvania Commonwealth Court on June 27 dismissed most preliminary objections to a lawsuit filed by 75 participants of a now-unfunded health insurance program who are challenging the constitutionality... Read More

Arguments Heard Over Dismissal Of Lawsuit Challenging Health Care Reform Act
Posted on 15 Sep 2010 by Cheryl Keely

PENSACOLA, Fla. - (Mealey's) Oral arguments were heard Sept. 14 in a Florida federal court to determine whether a lawsuit brought by attorneys general challenging the Patient Protection and Affordable Care Act (PPACA) should be dismissed ( State of... Read More

States Petition Supreme Court In Health Care Act Case
Posted on 29 Sep 2011 by Cheryl Keely

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... 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

4th Circuit Considers Whether Individual Mandate Unconstitutional
Posted on 10 May 2011 by Cheryl Keely

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... Read More