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Commerce Clause
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Richard M. Jacobsmeyer
over 9 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
California: Appellate Court Rules Minimum Contacts w/CA Not Sufficient for WC Benefits
The 2nd District Court of Appeal has issued a ruling reversing a finding by the W.C.A.B. that a professional athlete who played 1 of 34 games in California in her final year of playing professional sports was eligible for workers’ compensation benefits...
Calif. WCAB Noteworthy Panel Decisions Reporter
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
California: Due Process – A Constitutional Right
The California WCAB has issued several decisions recently on the topic of “due process.” The term “due process” is a phrase attorneys often fling about in court whenever they want to convey that something “unfair” has...
Cheryl Keely
over 11 years ago
Health Care
Spotlight on Health Care Reform
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...
Cheryl Keely
over 11 years ago
Health Care
Spotlight on Health Care Reform
Federal Judge Says Health Care Reform Act's Individual Mandate Is Unconstitutional
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...
Cheryl Keely
over 11 years ago
Health Care
Spotlight on Health Care Reform
Dismissal Of Lawsuit Challenging Health Care Reform Act For Lack Of Standing Affirmed By Panel
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...
Cheryl Keely
over 11 years ago
Health Care
Spotlight on Health Care Reform
11th Circuit Finds PPACA's Individual Mandate 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...
Bajeerah LaCava
over 12 years ago
Litigation
Litigation Blog
Split U.S. High Court Orders Disclosure Of Referendum Petitions
WASHINGTON, D.C. - (Mealey's) In general, disclosing referendum petitions does not violate the First Amendment to the U.S. Constitution, a divided U.S. Supreme Court ruled June 24 ( John Doe #1, et al. v. Sam Reed, et al. , No. 09-559, U.S. Sup.)...
State Net
over 9 years ago
Litigation
Litigation Blog
State Net Capitol Journal: Supreme Court Weighs In On Major ‘Equal Protection' Cases
Last week was an historic one for the U.S. Supreme Court. The justices handed down rulings on three weighty issues that have been contested in statehouses across the country for decades: affirmative action, same-sex marriage and the Voting Rights Act...
LexisNexis Litigation Resource Community Staff
over 12 years ago
Litigation
Litigation Blog
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...
Cheryl Keely
over 11 years ago
Litigation
Litigation Blog
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...
Cheryl Keely
over 11 years ago
Litigation
Litigation Blog
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...
Cheryl Keely
over 12 years ago
Litigation
Litigation Blog
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...
Dylan McGuire
over 12 years ago
Litigation
Litigation Blog
U.S. High Court Finds Portion Of Sarbanes-Oxley Act Unconstitutional
WASHINGTON, D.C. - (Mealey's) The formation and oversight structure of the Public Company Accounting Oversight Board (PCAOB), an independent administrative agency created under the Sarbanes-Oxley Act of 2002 (SOX), violates the U.S. Constitution,...
Cheryl Keely
over 11 years ago
Litigation
Litigation Blog
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...
Cheryl Keely
over 11 years ago
Litigation
Litigation Blog
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...
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