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Sixth Circuit upholds Seventh-day Adventism’s trademark and rejects Free Exercise and Religious Freedom Restoration Act claims: General Conf. Corp. v. McGill (August 10, 2010)

Plaintiffs Seventh-day Adventists sued Walter McGill, a pastor, for trademark infringement based on McGill's use of their protected marks in advertising and promoting his breakaway church. McGill brought a motion to dismiss based on the Free Exercise Clause and the Religious Freedom Restoration Act...

Religious Freedom Restoration Act Challenge to Health Care Reform Individual Mandate Requirement Dismissed

WASHINGTON, D.C. — A District of Columbia federal judge yesterday dismissed a challenge to the Patient Protection and Affordable Care Act (PPACA), finding that Congress did not exceed its power in enacting the individual mandate provision and that the act did not violate the plaintiffs’ religious...

Challenge To Health Care Reform Act Based On Religious Beliefs Dismissed

WASHINGTON, D.C. - (Mealey's) A District of Columbia federal judge on Feb. 22 dismissed a challenge to the Patient Protection and Affordable Care Act (PPACA), finding that Congress did not exceed its power in enacting the individual mandate provision and that the act did not violate the plaintiffs'...

Legal News Podcast - Federal Judge Dismisses Religious Challenge to Health Care Reform Individual Mandate Requirement

The U.S. Supreme Court reverses a California decision involving a minivan's seatbelts, Williamson v. Mazda Motor of Am., Inc., 2011 U.S. LEXIS 1711 (U.S. Feb. 23, 2011) , and a challenge to the Health Care Reform Act based on religious beliefs is dismissed, Mead v. Holder, 2011 U.S. Dist. LEXIS 18592...

Chalking the White House Sidewalk Denied First Amendment and Religious Freedom Protections; DC Circuit Rejects Reverend’s Constitutional / RFRA Claims against Defacement Statute

On June 21 st , the Court of Appeals for the DC Circuit rejected a constitutional challenge to D.C. Code § 22-3312.01 (the Defacement Statute), which prohibits the defacement of public and private property. The appellant, Rev. Patrick Mahoney, had filed the First Amendment claim after he was...

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...

Charities: Proper Clawback Targets in Ponzi Scheme Cases?

To gain valuable recognition, Ponzi perpetrators often make handsome contributions to charities. But those contributions create political difficulties for the trustees and receivers in evaluating whether to seek the return of those contributions on fraudulent transfer theories for the benefit of...

Pastor Going to Jail for Continued Infringement of Seventh-day Adventist Trademark

A pastor his headed to jail for defying a trademark infringement ruling in favor of the Seventh-day Adventist Church, according to the Adventist News Network . On July 13, Pastor Walter McGill was apprehended and turned over to law enforcement on the campus of Loma Linda University. McGill, who...

High Court Agrees To Hear 2 Challenges To Birth Control Mandate

WASHINGTON, D.C. —(Mealey’s) The U.S. Supreme Court on Nov. 26 announced that it granted certiorari in two cases challenging the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA). Both of the cases involve for-profit companies opposed to the mandate...

High Court Hears Arguments In Birth Control Mandate Cases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on March 25 heard arguments in two cases that will decide whether for-profit, secular businesses have to provide contraceptive services as part of their health insurance packages to employees even if they oppose such measures on religious...

Top Court Rejects Religious Groups’ Challenges In Birth Control Cases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on March 31 denied petitions for certiorari from two nonprofit religious groups claiming that the contraceptive mandate contained in the Patient Protection and Affordable Care Act (ACA) violates the Religious Freedom Restoration Act (RFRA...

The Hobby Lobby Primer: How A Craft Store Changed The Legal Landscape

Now that the United States Supreme Court has issued its decision in Burwell v. Hobby Lobby Stores, Inc. , 2014 U.S. LEXIS 4505 (U.S. June 30, 2014) , many are left with questions on the breadth of the decision and what it means going forwards. Below is a brief primer . [lexis.com subscribers may access...

11th Circuit Cites Hobby Lobby, Enjoins Mandate During Appeal

MONTGOMERY, Ala. — (Mealey’s) A Catholic media outlet is entitled to an injunction while it appeals rejection of its Patient Protection and Affordable Care Act (ACA)’s contraceptive mandate challenge in light of Burwell v. Hobby Lobby (Nos. 13-354, 13-356, U.S. Sup. [lexis.com subscribers...

HHS Urges Top Court Not To Grant Emergency Injunction During ACA Appeal

WASHINGTON, D.C. — (Mealey’s) The Supreme Court should deny a nonprofit Christian liberal arts college’s request for an emergency injunction of the Patient Protection and Affordable Care Act (ACA) contraceptive mandate while it appeals an adverse ruling, the government said July 2 in...