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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...

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 panel held June 29 in affirming the dismissal of...

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...

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 or pay a penalty is unconstitutional ( State of...

11th Circuit Strikes Health Insurance Requirement

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 Court. The divided three-judge panel of the 11th...

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...

4th Circuit: Virginia Lacked Standing To Challenge Health Care Reform Act

RICHMOND, Va. - (Mealey's) A Fourth Circuit U.S. Court of Appeals panel on Sept. 8 reversed a lower court ruling holding that the individual mandate provision contained in the Patient Protection and Affordable Care Act (PPACA) was unconstitutional, finding that the State of Virginia lacked standing...

4th Circuit: Court Lacks Jurisdiction To Hear Challenge To Health Care Act

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) and remanded the case with instructions to dismiss...

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 U.S. Constitution's commerce clause ( Barbara...

States Petition Supreme Court In Health Care Act Case

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 that the individual mandate contained in the act...

Government Petitions U.S. Supreme Court In Health Care Act Case

WASHINGTON, D.C. -- The federal government on Sept. 28 filed a petition for writ of certiorari with the U.S. Supreme Court, saying the 11th Circuit U.S. Court of Appeals erred in affirming that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is unconstitutional...

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...

Liberty University Petitions Supreme Court Over Dismissal Of Health Care Reform Case

WASHINGTON, D.C. - (Mealey's) A Christian school on Oct. 10 filed a petition for certiorari with the U.S. Supreme Court, seeking review of a divided lower court decision that held that the Anti-Injunction Act (AIA) stripped the court of jurisdiction to hear a challenge to the Patient Protection and...

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...

How Your Elected Legislators Have Chiseled Away Your Legal Rights

By Keith Ecker, a reporter for Lawyers.com, www.lawyers.com/our-blog There is a battle being fought at the highest levels of government over your right to file a medical malpractice or defective drug lawsuit. On the one hand are pro-business groups that seek protection from crippling multi-million...

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...

U.S. Supreme Court Upholds 'ObamaCare,' Reversing Federal District Court Decisions

By the LexisNexis Jury Verdicts and Settlements Team On Thursday, June 28, 2012, the U.S. Supreme Court upheld the constitutionality of the individual mandate set out in the "ObamaCare" health insurance reform bill, more properly known as the Patient Protection And Affordable Care Act (ACA...

In Sweeping Opinion, High Court Upholds Constitutionality Of Health Care Reform Act

WASHINGTON, D.C. - (Mealey's) In a sweeping opinion covering four issues addressed over three days of oral argument, the U.S. Supreme Court on June 28 found that the Anti-Injunction Act (AIA) does not bar challenges to the Patient Protection and Affordable Care Act (PPACA), that the individual mandate...

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...