Litigation

Recent Posts

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

Supreme Court: No Third-Party Beneficiary Lawsuits Challenging Drug Prices
Posted on 29 Mar 2011 by Cheryl Keely

WASHINGTON, D.C. -- (Mealey's) The U.S. Supreme Court on March 29 reversed a Ninth Circuit U.S. Court of Appeals decision in finding that a federal regulation imposing ceilings on prices drug manufacturers may charge for medications sold to health... Read More

U.S. House of Representatives Approves Repeal of Device Tax
Posted on 13 Jun 2012 by Norton Rose Fulbright

On June 7, 2012, the U.S. House of Representatives approved by a vote of 270-146 to repeal the 2.3 percent, $29 billion, excise tax on medical devices, a component of the Patient Protection and Affordable Care Act ("PPACA"). The excise tax is... 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

Supreme Court Denies Fast-Track Review In Challenge To Health Care Act
Posted on 25 Apr 2011 by Cheryl Keely

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 25 rejected Virginia's request for a writ of certiorari before judgment for review of a lower court's decision holding that the individual mandate contained in the Patient Protection... 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

This is Real Law: Rx for Litigation: New Inpatient Rule May Lead to More Malpractice Suits
Posted on 21 Feb 2014 by Real Law Editorial Team

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... Read More

Virginia's Suit Challenging Health Care Act Continues
Posted on 3 Aug 2010 by Cheryl Keely

RICHMOND, Va. - (Mealey's) Saying that no case from any federal appellate court has extended the commerce clause or tax clause of the U.S. Constitution to include the regulation of a person's decision not to purchase a product, the federal judge... Read More

6th Circuit Hears Arguments in Health Care Lawsuit
Posted on 2 Jun 2011 by Cheryl Keely

CINCINNATI - (Mealy's) A panel of the Sixth Circuit U.S. Court of Appeals yesterday heard oral arguments in a public interest law firm's appeal of the dismissal of its case challenging the Patient Protection and Affordable Care Act (PPACA) ( Thomas... Read More