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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...

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

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...

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...

Ballard Spahr LLP: 11th Circuit Weighs In On AT&T Mobility v. Concepcion

By the Consumer Financial Services Group As previously reported , in AT&T Mobility LLC v. Concepcion the U.S. Supreme Court on April 27, 2011, held that the Federal Arbitration Act (FAA) preempts California law classifying most class action waivers in arbitration agreements as unconscionable....

Ballard Spahr LLP: Federal Court of Appeals Strikes Down Individual Mandate for Health Coverage

By Edward I. Leeds Deciding a case, Florida v. Department of Health and Human Services , that could herald a showdown in the U.S. Supreme Court, a divided panel of the U.S. Court of Appeals for the 11th Circuit has ruled that the individual mandate provision of the Patient Protection and Affordable...

States Challenging Health Care Act Petition High Court For Expedited Review

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...

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...

Federal Government Petitions Supreme Court, Files Response In Health Care Act Cases

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...

Oral Argument Heard In Appeal Of Telephone Consumer Protection Act Suit

WASHINGTON, D.C. -- (Mealey's) The U.S. Supreme Court on Nov. 28 heard oral arguments in an appeal of an 11th Circuit U.S. Court of Appeals ruling that it lacked subject matter jurisdiction over a consumer's Telephone Consumer Protection Act (TCPA) claim against a debt collection agency ( Marcus...

High Court: District Courts Not Deprived Of Jurisdiction Over TCPA Claims

WASHINGTON, D.C. - (Mealey's) The Telephone Consumer Protection Act of 1991's (TCPA) "permissive grant of jurisdiction to state courts" does not deprive federal district courts of federal question jurisdiction over private TCPA lawsuits, a unanimous U.S. Supreme Court ruled Jan. 18...

TCPA Does Not Deprive Federal Courts Of Jurisdiction, Supreme Court Rules

WASHINGTON, D.C. - The Telephone Consumer Protection Act of 1991's (TCPA) "permissive grant of jurisdiction to state courts" does not deprive federal district courts of federal question jurisdiction over private TCPA lawsuits, a unanimous U.S. Supreme Court ruled Jan. 18 ( Marcus D. Mims...

Western Legal Group Briefs U.S. Supreme Court On Health Care Act

DENVER - A western, nonprofit, public-interest legal foundation on Feb. 10 filed its friend of the court brief with the U.S. Supreme Court and urged the court to uphold a ruling by the 11 th Circuit U.S. Court of Appeals upholding a Florida federal district court ruling that the individual mandate in...

Supreme Court Ruling On 'ObamaCare' Dismays Mountain States Legal Foundation

By William Perry Pendley DENVER - A western, nonprofit, public-interest legal foundation with decades of experience addressing constitutional issues at the Supreme Court of the United States and the federal courts of appeals on June 28 expressed dismay at the 5-4 ruling of the Supreme Court reversing...

CA11 on standing, 287(g) - Garcia Albarran v. Morton (unpub.)

"Corina Garcia Albarran, Maria Lourdes Segobiano-DeSoto, and Luis Magana appeal the dismissal of this action against John Morton, Greg Dozier, Tim Lee and Neil Warren for declaratory and injunctive relief. Plaintiffs sought to have certain agreements between United States Immigration and Customs...

U.S. Supreme Court Agrees To Hear 'Defalcation' Bankruptcy Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 29 agreed to hear a case to determine whether a defalcation was committed by a debtor who, prior to filing for bankruptcy, had been appointed the trustee of his father's life insurance trust and took out three loans from the trust he...

High Court Hears Arguments On State-Action Doctrine In Hospital Merger Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 26 heard oral arguments regarding whether the state-action doctrine applied to immunize a merger between two Georgia hospitals from the Federal Trade Commission's challenge that the transaction substantially lessened competition or...

High Court Will Consider Whether Reverse-Payment Settlements Are Anti-Competitive

WASHINGTON, D.C. — (Mealey's) The Supreme Court on Dec. 7 granted the Federal Trade Commission’s petition for a writ of certiorari seeking consideration of whether reverse-payment settlements of patent litigation between the holder of a drug patent and generic manufacturers of the drug...

Supreme Court Says Hospital Merger Not Immune From Antitrust Scrutiny

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Feb. 19 ruled that the state-action doctrine does not immunize the merger between two Georgia hospitals from the Federal Trade Commission's challenge that the transaction substantially lessened competition in the market for hospital services...

U.S. Supreme Court Remands Bankruptcy Defalcation Case, Says Higher Standard Needed

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on May 13 unanimously vacated and remanded a case involving a bank's claim that a debtor who had acted as trustee for his father's insurance trust was guilty of defalcation for making loans to himself during the time he had control of the...

Ballard Spahr LLP: Supreme Court Ruling Could Alter Class Action Landscape

By Mark J. Levin | The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez , the Court will review (1) whether a case becomes moot, and thus beyond...

DLA Piper: 11th Circuit Opinion On Ascertainability Will Likely Make It Tougher To Certify Class Of Purchasers Of Small-Dollar Consumer Products

By E. Colin Thompson | A panel of the Eleventh Circuit Court of Appeals, in an unpublished opinion, has issued a much-anticipated decision regarding the implicit ascertainability requirement for class certification. The court held that a plaintiff cannot establish that a class is ascertainable...

Ballard Spahr LLP: 11th Circuit: Rule 23 Trumps State Law Limitation On Class Actions

By Michael R. Carroll, Burt M. Rublin, and Neal Walters Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice Act (ADTPA), despite that the ADTPA itself expressly...