LexisNexis® Legal Newsroom
Mealey's Labor & Employment - U.S. Supreme Court: ERISA Preempts State's Health Care Database Law

WASHINGTON, D.C. - The U.S. Supreme Court on March 1 ruled 6-2 that the Employee Retirement Income Security Act, as amended by the Patient Protection and Affordable Care Act (ACA), preempts Vermont's health care data collection law, which requires health care payers to report claims and health care services data to a state agency, as applied to ERISA benefit plans (Alfred Gobeille, in his official capacity as chair of the Vermont Green Mountain Care Board v. Liberty Mutual Insurance Co., No. 14-181, U.S. Sup.).

Mealey's Labor & Employment - Dismissal Denied In Suit Accusing Dave & Buster's Of Interference Under ERISA

NEW YORK - A New York federal judge on Feb. 9 denied Dave & Buster's Inc.'s motion to dismiss a lawsuit accusing the nationwide restaurant/entertainment chain of violating the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA) (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15-3608, S.D. N.Y.).

Mealey's Insurance - Vermont, Insurer Square Off Before Top Court Over Preemption Of Reporting Rules

WASHINGTON, D.C. - The State of Vermont and an insurer squared off before the U.S. Supreme Court Dec. 2 in oral arguments over whether the Employee Retirement Income Security Act, as amended by the Patient Protection and Affordable Care Act (ACA), preempts state level collection of health insurance data (Alfred Gobeille, in his official capacity as chair of the Vermont Green Mountain Care Board v. Liberty Mutual Insurance Co., No. 14-181, U.S. Sup.).

Mealey's Health Law - Vermont, Insurer Square Off Before Top Court Over Preemption Of Reporting Rules

WASHINGTON, D.C. - The State of Vermont and an insurer squared off before the U.S. Supreme Court Dec. 2 in oral arguments over whether the Employee Retirement Income Security Act, as amended by the Patient Protection and Affordable Care Act (ACA), preempts state level collection of health insurance data (Alfred Gobeille, in his official capacity as chair of the Vermont Green Mountain Care Board v. Liberty Mutual Insurance Co., No. 14-181, U.S. Sup.).

Mealey's Banking & Finance - 6th Circuit Affirms Dismissal Of RESPA And HAMP Claims Against Lender

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Sept. 28 affirmed a district court's dismissal of claims asserted by property owners against a bank, finding that the Real Estate Settlement Procedures Act (RESPA) was not in effect at the relevant time and that the Home Affordable Mortgage Program (HAMP) does not impose a legal duty of care on lender (Roderick Ray, et al. v. U.S. Bank National Association, Successor Trustee to Bank of America, Successor by Merger to LaSalle Bank, N.A., No. 15-1241, 6th Cir.; 2015 U.S. App. LEXIS 17220).

Mealey's PI/Product Liability - Judge Allows Expert Opinion On ACA Impact On Class Status, Decertifies Class

PHILADELPHIA - An expert may opine regarding, among other things, how Patient Protection and Affordable Care Act (ACA) medical loss ratio (MLR) regulations affect class ascertainability, a federal judge held June 30 in decertifying a class of indirect purchasers of Wellbutrin XL (In re: Wellbutrin XL Antitrust Litigation, No. 08-2433, E.D. Pa.; 2015 U.S. Dist. LEXIS 84444).

Mealey's Litigation Procedure - Judge Allows Expert Opinion On ACA Impact On Class Status, Decertifies Class

PHILADELPHIA - An expert may opine regarding, among other things, how Patient Protection and Affordable Care Act (ACA) medical loss ratio (MLR) regulations affect class ascertainability, a federal judge held June 30 in decertifying a class of indirect purchasers of Wellbutrin XL (In re: Wellbutrin XL Antitrust Litigation, No. 08-2433, E.D. Pa.; 2015 U.S. Dist. LEXIS 84444).

Mealey's Insurance - Judge Allows Expert Opinion On ACA Impact On Class Status, Decertifies Class

PHILADELPHIA - An expert may opine regarding, among other things, how Patient Protection and Affordable Care Act (ACA) medical loss ratio (MLR) regulations affect class ascertainability, a federal judge held June 30 in decertifying a class of indirect purchasers of Wellbutrin XL (In re: Wellbutrin XL Antitrust Litigation, No. 08-2433, E.D. Pa.; 2015 U.S. Dist. LEXIS 84444).

Mealey's Health Law - Judge Allows Expert Opinion On ACA Impact On Class Status, Decertifies Class

PHILADELPHIA - An expert may opine regarding, among other things, how Patient Protection and Affordable Care Act (ACA) medical loss ratio (MLR) regulations affect class ascertainability, a federal judge held June 30 in decertifying a class of indirect purchasers of Wellbutrin XL (In re: Wellbutrin XL Antitrust Litigation, No. 08-2433, E.D. Pa.; 2015 U.S. Dist. LEXIS 84444).

Mealey's Insurance - High Court Affirms Availability Of Tax Credits In ACA Federal Exchange

WASHINGTON, D.C. - The Patient Protection and Affordable Care Act (ACA)'s structure suggests the availability of tax subsidies in the federal exchange, and Congress could not have intended the state insurance market "death spirals" likely to result from barring such subsidies, a divided U.S. Supreme Court held June 25 (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).

Mealey's Health Law - High Court Affirms Availability Of Tax Credits In ACA Federal Exchange

WASHINGTON, D.C. - The Patient Protection and Affordable Care Act (ACA)'s structure suggests the availability of tax subsidies in the federal exchange, and Congress could not have intended the state insurance market "death spirals" likely to result from barring such subsidies, a divided U.S. Supreme Court held June 25 (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).

Mealey's Insurance - Top Court Rejects Maine's Challenge To ACA 'Maintenance Of Effort' Rule

WASHINGTON, D.C. - The U.S. Supreme Court on June 8 denied the State of Maine's petition challenging mandatory continued Medicaid coverage for older children under the Patient Protection and Affordable Care Act's maintenance of effort requirements, according to the docket (Mary C. Mayhew, in her capacity as Secretary of the Maine Department of Health and Human Services v. Sylvia M. Burwell, et al., No. 14-992, U.S. Sup.).

Mealey's Health Law - Top Court Rejects Maine's Challenge To ACA 'Maintenance Of Effort' Rule

WASHINGTON, D.C. - The U.S. Supreme Court on June 8 denied the State of Maine's petition challenging mandatory continued Medicaid coverage for older children under the Patient Protection and Affordable Care Act's maintenance of effort requirements, according to the docket (Mary C. Mayhew, in her capacity as Secretary of the Maine Department of Health and Human Services v. Sylvia M. Burwell, et al., No. 14-992, U.S. Sup.).

Mealey's Labor & Employment - New York Court Affirms Striking Of Taxi Health Care Rules

NEW YORK - An increase in taxi fares to fund health care navigators and disability insurance duplicative of Patient Protection and Affordable Care Act (ACA) benefits is arbitrary and exceeds the governing body's mandate, a New York appeals court ruled June 4, affirming a judge's ruling annulling the rules (In re Tanvir Ahmed, et al. v. The City of New York, et al., No. 101692/13, In re Adelso Raul Delorbe, et al. v. The City of New York, et al., No. 101762/13, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 4655).

Mealey's Insurance - New York Court Affirms Striking Of Taxi Health Care Rules

NEW YORK - An increase in taxi fares to fund health care navigators and disability insurance duplicative of Patient Protection and Affordable Care Act (ACA) benefits is arbitrary and exceeds the governing body's mandate, a New York appeals court ruled June 4, affirming a judge's ruling annulling the rules (In re Tanvir Ahmed, et al. v. The City of New York, et al., No. 101692/13, In re Adelso Raul Delorbe, et al. v. The City of New York, et al., No. 101762/13, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 4655).

Mealey's Toxic Tort/Environmental - New York Court Affirms Striking Of Taxi Health Care Rules

NEW YORK - An increase in taxi fares to fund health care navigators and disability insurance duplicative of Patient Protection and Affordable Care Act (ACA) benefits is arbitrary and exceeds the governing body's mandate, a New York appeals court ruled June 4, affirming a judge's ruling annulling the rules (In re Tanvir Ahmed, et al. v. The City of New York, et al., No. 101692/13, In re Adelso Raul Delorbe, et al. v. The City of New York, et al., No. 101762/13, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 4655).

Mealey's Labor & Employment - 7th Circuit Rejects Preliminary Injunction In ACA Opt-Out Challenge

CHICAGO - Notre Dame is not entitled to a preliminary injunction while it challenges the opt-out provision of the Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate, a divided Seventh Circuit U.S. Court of Appeals held May 19 (University of Notre Dame v. Kathleen Sebelius, et al., No. 13-3853, 7th Cir.).

Mealey's Insurance - 7th Circuit Rejects Preliminary Injunction In ACA Opt-Out Challenge

CHICAGO - Notre Dame is not entitled to a preliminary injunction while it challenges the opt-out provision of the Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate, a divided Seventh Circuit U.S. Court of Appeals held May 19 (University of Notre Dame v. Kathleen Sebelius, et al., No. 13-3853, 7th Cir.).

Mealey's Health Law - 7th Circuit Rejects Preliminary Injunction In ACA Opt-Out Challenge

CHICAGO - Notre Dame is not entitled to a preliminary injunction while it challenges the opt-out provision of the Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate, a divided Seventh Circuit U.S. Court of Appeals held May 19 (University of Notre Dame v. Kathleen Sebelius, et al., No. 13-3853, 7th Cir.).

Mealey's Litigation Procedure - Restaurant Employees Allege Interference Under ERISA Related To ACA Compliance

NEW YORK - Nationwide restaurant/entertainment chain Dave & Buster's Inc. violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 in order to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA), an employee alleges in a class action complaint filed May 8 in federal court in New York (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15 CV 3608, S.D. N.Y.).

Mealey's Health Law - Restaurant Employees Allege Interference Under ERISA Related To ACA Compliance

NEW YORK - Nationwide restaurant/entertainment chain Dave & Buster's Inc. violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 in order to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA), an employee alleges in a class action complaint filed May 8 in federal court in New York (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15 CV 3608, S.D. N.Y.).

Mealey's Labor & Employment - Restaurant Employees Allege Interference Under ERISA Related To ACA Compliance

NEW YORK - Nationwide restaurant/entertainment chain Dave & Buster's Inc. violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 in order to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA), an employee alleges in a class action complaint filed May 8 in federal court in New York (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15 CV 3608, S.D. N.Y.).

Mealey's Labor & Employment - Top Court Vacates ACA Birth Control Ruling, Remands Case

WASHINGTON, D.C. - The U.S. Supreme Court on April 27 granted two Catholic groups' petition for certiorari and vacated a Sixth Circuit U.S. Court of Appeals ruling that the Patient Protection and Affordable Care Act's contraceptive mandate did not substantially burden religious beliefs. The court remanded the case for further consideration in light of Burwell v. Hobby Lobby Stores Inc. (573 U.S. __ [2014]) (Michigan Catholic Conference, et al. v. Burwell, Sec. of H&HS, et al., No 14-701, U.S. Sup.).

Mealey's Insurance - Top Court Vacates ACA Birth Control Ruling, Remands Case

WASHINGTON, D.C. - The U.S. Supreme Court on April 27 granted two Catholic groups' petition for certiorari and vacated a Sixth Circuit U.S. Court of Appeals ruling that the Patient Protection and Affordable Care Act's contraceptive mandate did not substantially burden religious beliefs. The court remanded the case for further consideration in light of Burwell v. Hobby Lobby Stores Inc. (573 U.S. __ [2014]) (Michigan Catholic Conference, et al. v. Burwell, Sec. of H&HS, et al., No 14-701, U.S. Sup.).

Mealey's Health Law - Top Court Vacates ACA Birth Control Ruling, Remands Case

WASHINGTON, D.C. - The U.S. Supreme Court on April 27 granted two Catholic groups' petition for certiorari and vacated a Sixth Circuit U.S. Court of Appeals ruling that the Patient Protection and Affordable Care Act's contraceptive mandate did not substantially burden religious beliefs. The court remanded the case for further consideration in light of Burwell v. Hobby Lobby Stores Inc. (573 U.S. __ [2014]) (Michigan Catholic Conference, et al. v. Burwell, Sec. of H&HS, et al., No 14-701, U.S. Sup.).