LexisNexis® Legal Newsroom
Mealey's Labor & Employment - No Partial Termination Of Pension Plan, 7th Circuit Rules

CHICAGO - In the fifth appeal to the Seventh Circuit U.S. Court of Appeals, the appeals court on Dec. 24 dismissed a class action suit that alleged that a defined-contribution pension plan was partially terminated under the Employee Retirement Income Security Act (Robert J. Matz v. Household International Tax Reduction Investment Plan, Nos. 14-1683, 14-2507, 7th Cir.; 2014 U.S. App. LEXIS 24448).

Mealey's IP/Tech - High Court Considers Whether Colorado Tax Law Applies To Out-Of-State Purchases

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 8 heard arguments from a nonprofit retailer association and the Colorado state government over the legislative intent behind a Colorado law requiring out-of-state retailers to collect and provide information regarding state residents' purchase of items via the Internet and mail order (Direct Marketing Association v. Barbara Brohl, No. 13-1032, U.S. Sup.).

Mealey's Insurance - ACA Subsidy Challengers Seek Stay Of D.C. Circuit Court's En Banc Review

WASHINGTON, D.C. - The Supreme Court's grant of certiorari in King v. Burwell (No. 14-114, U.S. Sup.) warrants staying en banc review of a Patient Protection and Affordable Care Act (ACA) case challenging the availability of tax subsidies, plaintiffs told the District of Columbia Circuit U.S. Court of Appeals on Nov. 10 (Jacqueline Halbig, et al. v. Sylvia M. Burwell, et al., No. 14-5018, D.C. Cir.).

Mealey's Labor & Employment - ACA Subsidy Challengers Seek Stay Of D.C. Circuit Court's En Banc Review

WASHINGTON, D.C. - The Supreme Court's grant of certiorari in King v. Burwell (No. 14-114, U.S. Sup.) warrants staying en banc review of a Patient Protection and Affordable Care Act (ACA) case challenging the availability of tax subsidies, plaintiffs told the District of Columbia Circuit U.S. Court of Appeals on Nov. 10 (Jacqueline Halbig, et al. v. Sylvia M. Burwell, et al., No. 14-5018, D.C. Cir.).

Mealey's Health Law - ACA Subsidy Challengers Seek Stay Of D.C. Circuit Court's En Banc Review

WASHINGTON, D.C. - The Supreme Court's grant of certiorari in King v. Burwell (No. 14-114, U.S. Sup.) warrants staying en banc review of a Patient Protection and Affordable Care Act (ACA) case challenging the availability of tax subsidies, plaintiffs told the District of Columbia Circuit U.S. Court of Appeals on Nov. 10 (Jacqueline Halbig, et al. v. Sylvia M. Burwell, et al., No. 14-5018, D.C. Cir.).

Mealey's Labor & Employment - U.S. High Court Agrees To Decide Availability Of Subsidies In State Exchanges

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 7 agreed to decide whether the Patient Protection and Affordable Care Act (ACA) authorizes tax subsidies for individuals who enroll in insurance through state exchanges (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).

Mealey's Insurance - U.S. High Court Agrees To Decide Availability Of Subsidies In State Exchanges

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 7 agreed to decide whether the Patient Protection and Affordable Care Act (ACA) authorizes tax subsidies for individuals who enroll in insurance through state exchanges (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).

Mealey's Health Law - U.S. High Court Agrees To Decide Availability Of Subsidies In State Exchanges

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 7 agreed to decide whether the Patient Protection and Affordable Care Act (ACA) authorizes tax subsidies for individuals who enroll in insurance through state exchanges (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).

Mealey's Litigation Procedure - U.S. High Court Relists Case Involving ACA Tax Subsidies

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 3 relisted a case challenging the availability of Patient Protection and Affordable Care Act (ACA) tax subsidies for those who enrolled in insurance through state exchanges for its Nov. 7 conference, according to its docket (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).

Mealey's Insurance - U.S. High Court Relists Case Involving ACA Tax Subsidies

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 3 relisted a case challenging the availability of Patient Protection and Affordable Care Act (ACA) tax subsidies for those who enrolled in insurance through state exchanges for its Nov. 7 conference, according to its docket (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).

Mealey's Labor & Employment - U.S. High Court Relists Case Involving ACA Tax Subsidies

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 3 relisted a case challenging the availability of Patient Protection and Affordable Care Act (ACA) tax subsidies for those who enrolled in insurance through state exchanges for its Nov. 7 conference, according to its docket (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).

U.S. High Court Relists Case Involving ACA Tax Subsidies

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 3 relisted a case challenging the availability of Patient Protection and Affordable Care Act (ACA) tax subsidies for those who enrolled in insurance through state exchanges for its Nov. 7 conference, according to its docket (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).

Mealey's Insurance - Texas Judge Enters Take- Nothing Judgment In Hurricane Ike Coverage Dispute

GALVESTON, Texas - A Texas judge on Oct. 16 entered a final judgment in favor of an insurer in a Hurricane Ike coverage dispute, ordering the insured to take nothing against the insurer and taxing $39,901.95 in court costs against the insured (League City v. TWIA, No. 12-0053, Texas Dist., 10th Jud., Galveston Co.).

Mealey's Labor & Employment - Government Tells High Court ACA Language Supports Broad Tax Subsidy Availability

WASHINGTON, D.C. - No conflict among courts exists regarding the availability of tax credits for individuals obtaining insurance through federal exchanges, an outcome supported by the language and structure of the Patient Protection and Affordable Care Act (ACA), the government told the U.S. Supreme Court Oct. 3 (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).

Mealey's Insurance - Government Tells High Court ACA Language Supports Broad Tax Subsidy Availability

WASHINGTON, D.C. - No conflict among courts exists regarding the availability of tax credits for individuals obtaining insurance through federal exchanges, an outcome supported by the language and structure of the Patient Protection and Affordable Care Act (ACA), the government told the U.S. Supreme Court Oct. 3 (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).

Mealey's Health Law - Government Tells High Court ACA Language Supports Broad Tax Subsidy Availability

WASHINGTON, D.C. - No conflict among courts exists regarding the availability of tax credits for individuals obtaining insurance through federal exchanges, an outcome supported by the language and structure of the Patient Protection and Affordable Care Act (ACA), the government told the U.S. Supreme Court Oct. 3 (David King, et al. v. Sylvia Mathew Burwell, et al., No. 14-114, U.S. Sup.).

Mealey's Labor & Employment - Judge Rejects IRS Rule; Finds ACA Tax Subsidies Apply Only In State Exchanges

ODMULGEE, Okla. - Tax subsidies are available only to individuals who enroll through state exchanges under the language Congress chose to include in the Patient Protection and Affordable Care Act (ACA), and it is not a judge's place to revise those terms, an Oklahoma federal judge held Sept. 30 (State of Oklahoma, ex rel. Scott Pruitt v. Sylvia Mathews Burwell, et al., No. 11-30, E.D. Okla.).

Mealey's Insurance - Judge Rejects IRS Rule; Finds ACA Tax Subsidies Apply Only In State Exchanges

ODMULGEE, Okla. - Tax subsidies are available only to individuals who enroll through state exchanges under the language Congress chose to include in the Patient Protection and Affordable Care Act (ACA), and it is not a judge's place to revise those terms, an Oklahoma federal judge held Sept. 30 (State of Oklahoma, ex rel. Scott Pruitt v. Sylvia Mathews Burwell, et al., No. 11-30, E.D. Okla.).

Mealey's Health Law - Judge Rejects IRS Rule, Finds ACA Tax Subsidies Apply Only In State Exchanges

MUSKOGEE, Okla. - Tax subsidies are available only to individuals who enroll through state exchanges under the language Congress chose to include in the Patient Protection and Affordable Care Act (ACA), and it is not a judge's place to revise those terms, an Oklahoma federal judge held Sept. 30 (State of Oklahoma, ex rel. Scott Pruitt v. Sylvia Mathews Burwell, et al., No. 11-30, E.D. Okla.).

Mealey's PI/Product Liability - Arkansas High Court Says 'No' To Illegal Extraction Class Action For Actos

LITTLE ROCK, Ark. - The Arkansas Supreme Court on Sept. 25 said a state resident has standing to bring an "illegal extraction" claim under the state constitution but said the state's paying for prescriptions of the Actos diabetes drugs is not illegal extraction of state tax dollars (Greg Bowerman, et al. v. Takeda Pharmaceuticals U.S.A., et al., No. CV-13-1051, Ark. Sup.; 2014 Ark. LEXIS 500).

Mealey's Banking & Finance - Investors Must Produce Financial Documents In Breach Of Duty Suit, Magistrate Says

INDIANAPOLIS - Most of the financial and tax documents sought by a bank in a lawsuit brought by investors in a failed rate-swap agreement are relevant to the claims against it and are not unduly burdensome to produce, an Indiana federal magistrate judge ruled Sept. 22, mostly granting the bank's motion to compel (Executive Management Services Inc., et al. v. Fifth Third Bank, No. 1:13-cv-00582, S.D. Ind.; 2014 U.S. Dist. LEXIS 132473).

Mealey's Litigation Procedure - Investors Must Produce Financial Documents In Breach Of Duty Suit, Magistrate Says

INDIANAPOLIS - Most of the financial and tax documents sought by a bank in a lawsuit brought by investors in a failed rate-swap agreement are relevant to the claims against it and are not unduly burdensome to produce, an Indiana federal magistrate judge ruled Sept. 22, mostly granting the bank's motion to compel (Executive Management Services Inc., et al. v. Fifth Third Bank, No. 1:13-cv-00582, S.D. Ind.; 2014 U.S. Dist. LEXIS 132473).

Mealey's Litigation Procedure - ICSID Refuses To Modify Stay Of $1.75 Million Award Against Ecuador

WASHINGTON, D.C. - The president of a committee for the International Centre for the Settlement of Investment Disputes (ICSID) on Sept. 24 released a decision denying a request made by two companies that were awarded $1,769,625,000 in a dispute over an oil exploration and exploitation contract with the Republic of Ecuador to modify a stay of the decision, finding that the committee has no jurisdiction to modify the stay in relation to Ecuador's potential enforcement of a tax judgment issued in another court (Occidental Petroleum Corp., et al. v. The Republic of Ecuador, No. ARB/06/11, ICSID).

Mealey's Labor & Employment - 7th Circuit Finds Lack Of Standing, Nixes ACA Tax Challenge

MILWAUKEE - The administration's decision to delay implementation of the Patient Protection and Affordable Care Act (ACA) employer mandate does not provide a cash-only physicians group with standing, a Seventh Circuit U.S. Court of Appeals panel held Sept. 19 (Association of American Physicians & Surgeons Inc., and Robert T. McQueeney v. John Koskinen, commissioner of the Internal Revenue Service, in his official capacity, No. 14-2123, 7th Cir.).

Mealey's Insurance - 7th Circuit Finds Lack Of Standing, Nixes ACA Tax Challenge

MILWAUKEE - The administration's decision to delay implementation of the Patient Protection and Affordable Care Act (ACA) employer mandate does not provide a cash-only physicians group with standing, a Seventh Circuit U.S. Court of Appeals panel held Sept. 19 (Association of American Physicians & Surgeons Inc., and Robert T. McQueeney v. John Koskinen, commissioner of the Internal Revenue Service, in his official capacity, No. 14-2123, 7th Cir.).