LexisNexis® Legal Newsroom
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...

Legal News Podcast: 9th Circuit-No Standing to Challenge Obamacare; 11th Circuit-Healthcare Reform Individual Mandate Unconstitutional

The 11th Circuit finds the Patient Protection and Affordable Care Act's individual mandate to be unconstitutional in Fla. v. United States HHS , 2011 U.S. App. LEXIS 16806 (11th Cir. Fla. Aug. 12, 2011) , and, the 9th circuit affirms that plaintiffs lack standing to challenge the act in Baldwin v...

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...

Federal Judge Says Health Care Reform Act's Individual Mandate Is Unconstitutional

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...

Obamacare Loses a Round in Pennsylvania - Individual Mandate Violates Commerce Clause

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...

LexisNexis® Legal News Podcast - Challenges to Obamacare (Patient Protection and Affordable Care Act) Rejected

The 4th Circuit finds Virginia lacked standing to challenge the Patient Protection and Affordable Care Act, Virginia ex rel. Cuccinelli v. Sebelius, 2011 U.S. App. LEXIS 18632 (4th Cir. Va. Sept. 8, 2011) , and, in a separate case, finds the Anti-Injunction Act strips a court of jurisdiction to hear...

LexisNexis® Legal News Podcast - Health Care Reform Takes a Hit - Court Rules Individual Mandate Violates Commerce Clause

A Pennsylvania federal judge finds the individual mandate in the Patient Protection and Affordable Care Act violates the Constitution, Goudy-Bachman v. United States HHS, 2011 U.S. Dist. LEXIS 102897 (M.D. Pa. Sept. 13, 2011) , and, a California federal judge certifies a wage-and-hour class suing a refinery...

LexisNexis® Legal News Podcast - Victory For Health Care Reform Is Appealed by Jerry Falwell's Liberty University To Supreme Court

Liberty University petitions the Supreme Court over dismissal of a health care reform case, and defendants in a Propofol infection case in Nevada are ordered to pay $162.5 million in punitive damages. Hear these and other stories from LexisNexis® Mealey's Publications. Copyright © 2011 LexisNexis...

Circuit Panel Finds Individual Mandate In Health Care Reform Act Constitutional

WASHINGTON, D.C. - (Mealey's) A split panel of the District of Columbia Circuit U.S. Court of Appeals on Nov. 8 affirmed that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is constitutional, with the dissenting judge saying the court lacked jurisdiction...

Marten Law: Previewing Legal Challenges to Cap-and-Trade

By Robert F. Lawrence, Dustin Till and Svend Brandt-Erichsen, Matren Law PLLC Excerpt: California's greenhouse gas (GHG) cap-and-trade program is due to be finalized within a few weeks, over widespread opposition and concern about its effects on California's economy. Looking forward, California...

Robert Rapp Discusses the Application of the Federal Extraterritoriality Principle in Limiting the Scope of Civil Remedies for Fraud under State Blue Sky Laws

On this edition, Robert N. Rapp of Calfee, Halter & Griswold LLP discusses why he maintains a federal court in Ohio recently misapplied the extraterritoriality principle under the Commerce Clause of the U.S. Constitution and why he believes it represents a threat to the investor protection mission...

The Third Burning of Washington: Uncivil Health Care Wars Continue

By Alvin D. Lurie Historical Headnote: Washington has been burned twice before - once 197 years ago literally, by the enemy from without, when the British burned the White House and the U.S. Capitol during the War of 1812; and once metaphorically, by the enemy from within, when the Confederacy broke...

Court Grants Summary Judgment in Maryland Square Vapor Intrusion Case

By Lawrence Schnapf, Principal, Schnapf LLC We have been periodically posting updates on the progress of the landmark Voggenthaler v Maryland Square, LLC vapor intrusion case from Las Vegas, Nevada. In the most recent ruling, the court granted the motion for summary judgment filed by the Nevada Department...

No Economic Nexus for ConAgra Intangibles

The West Virginia Supreme Court of Appeals held that the licensing of intangible trademarks and trade names by ConAgra into West Virginia did not subject ConAgra to corporate income tax. In sustaining the opinion of the state circuit court, which overturned the Board of Tax Appeals finding in favor...

U.S. Supreme Court Upholds Health Care Act - Individual Mandate Is Constitutional, Medicaid Expansion Is Limited

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...

Breakdown of the Supreme Court Ruling on Patient Protection and Affordable Care Act

By Elise Klein and Joseph Hegedus In one of the most anticipated opinions of its term and perhaps in over half a century, the United States Supreme Court today resolved constitutional challenges to two provisions of the Patient Protection and Affordable Care Act (the "ACA"): First, a surprising...

Experts, Officials, Media Offer Their Two Cents on U.S. Supreme Court’s Decision on Affordable Care Act

By John Stahl, Esq. The U.S. Supreme Court announcing its decision that the Affordable Care Act, also known as ACA and Obamacare, was constitutional was a “where were you” moment in American history. Key quotes from the majority and dissent opinions are provided below. The experts on...

McGuireWoods on the Supreme Court's Federal Health Care Reform Law Decision

By Stephanie A. Kennan , Brian Looser , Vincent A. Dongarra and R. Brent Rawlings Intro: On June 28, 2012, the Supreme Court of the United States issued its opinion in the case of National Federation of Independent Business et al. v. Sebelius, Secretary of Health and Human Services, et al. [ enhanced...

U.S. Supreme Court Orders 4th Circuit To Reconsider Health Care Act Challenge

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 26 revived a Christian university's challenge to the Patient Protection and Affordable Care Act (PPACA) when it ordered the Fourth Circuit U.S. Court of Appeals to review the case in light of the high court's ruling in a similar...

California Taxpayers Whipsawed!

QSBS Exclusion, Deferral Statutes Unconstitutional In August 2012, California's Second District Court of Appeal determined that the "qualified small business stock" (QSBS) exclusion and deferral statutes were unconstitutional. See Cal. Rev. & Tax. Code Sections 18038.5 and 18152...

Constitutional Limitations on State Taxation of Securities Transactions

by Andrew W. Singer, Esq.* I. Introduction Income from securities transactions may be subject to both federal and state income taxes, at least in the substantial majority of States that impose income taxes. The US Constitution imposes limits on State taxes to which the federal income tax is not...

Colorado Ruling Upholds Renewable Energy Standard but Leaves Questions Unanswered

A Colorado federal judge has dismissed a suit challenging the constitutionality of Colorado’s Renewable Energy Standard (“RES”). Colorado’s RES was created by the passage of Amendment 37 in 2004 and codified in 2005 as Colorado Revised Statute § 40-2-124, [ enhanced version...