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Federal Court Tosses New Hampshire Man's Health Overhaul Lawsuit

CONCORD, N.H. - (AP) A federal court has thrown out a New Hampshire man's lawsuit challenging the constitutionality of the government's health care overhaul, saying he lacked standing to sue because his Medicare coverage will automatically satisfy the law's insurance mandate. Harold Peterson...

Federal Government Appeals Judge's Health Care Ruling

ATLANTA - (AP) The federal health care overhaul's core requirement to make virtually all citizens buy health insurance or face tax penalties is constitutional because Congress has the authority to regulate interstate business, the Justice Department said in its appeal of a ruling that struck down...

Supreme Court Takes No Action On Virginia's Challenge To Health Care Law, For Now

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. Virginia Attorney General Ken Cuccinelli in February...

States Ask 11th Circuit To Overturn Obama Health Care Overhaul

ATLANTA - (AP) More than two dozen states challenging the health care overhaul urged a U.S. appeals court on Wednesday to strike down the Obama administration's landmark law, arguing it far exceeds the federal government's powers. The motion, filed on behalf of 26 states, urges the 11th Circuit...

4th Circuit Considers Whether Individual Mandate Unconstitutional

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 Care Act (PPACA) is unconstitutional, while the...

4th Circuit Considers If Dismissal Of Health Care Law Challenge Appropriate

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 the individual mandate contained in the Patient...

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...

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...

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...

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...

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...

Lawsuit Challenging State's Reallocation Of Tobacco Funds May Proceed, Court Rules

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 of the state's redirection of tobacco...

Bullivant Houser Bailey PC: Interplay of the Washington Industrial Insurance Act and Asbestos Exposure Claims

By Melissa Tarab Although the Washington Industrial Insurance Act (WIIA) often provides the exclusive remedy for employees' tort claims against employers, there are exceptions. Attorneys filing asbestos personal injury claims have found creative ways to try to use those exceptions to their clients'...