LexisNexis® Legal Newsroom
Plaintiffs Lack Standing To Challenge Health Care Act, 9th Circuit Affirms

SAN FRANCISCO - (Mealey's) A panel of the Ninth Circuit U.S. Court of Appeals on Aug. 13 affirmed a lower court ruling that plaintiffs challenging the Patient Protection and Affordable Act (PPACA) lacked standing to challenge the act because they failed to show an injury in fact or a genuine threat...

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...

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...

Purchasing Health Insurance Through an Exchange: Implications for Large Employers

By Vanessa A. Scott and Carol A. Weiser, Sutherland Asbill & Brennan LLP The Departments of Health and Human Services (HHS) and Treasury, respectively, have issued guidance on (1) the ability of individuals and small employers to purchase health insurance through an exchange, and (2) the premium...

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...

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...

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...

Health Insurance at the Intersection of State and Federal Regulation: Confused Regulation of ERISA Fully Insured MEWAs

By R. Dean Conlin, Partner, Locke, Lord, Bissell & Liddell, L.P. Small employers have struggled to have the same funding and plan design flexibility and uniform plan coverage for group health insurance as larger employers. A fully insured, multiple employer welfare arrangement ("MEWA"...

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...

Supreme Court Finds Individual Mandate In Health Care Act Constitutional

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...

In Sweeping Opinion, High Court Upholds Constitutionality Of Health Care Reform Act

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...

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...

Supreme Court Finds Individual Mandate In Health Care Act Constitutional

WASHINGTON, D.C. - (Mealey's) In a sweeping opinion covering four issues addressed over three days of oral argument, the U.S. Supreme Court today 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...

SCOTUS Obamacare Ruling In (Mostly) Plain English

The Supreme Court issued its long-awaited opinion on "Obamacare" (aka Patient Protection and Affordable Care Act): National Federation of Independent Business, et al. v. Sebelius (opinion here) [ enhanced version available to lexis.com subscribers ]. It's a 193-page monster, but here's...

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...

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...

DLA Piper - Health Care at the Crossroads: The Supreme Court's Decision on the Affordable Care Act

On Thursday, June 28, the United States Supreme Court issued its highly anticipated decision on the constitutionality of portions of the Affordable Care Act (ACA) ( Nat. Fed'n of Indep. Bus. v. Sebelius , together with Florida v. Dept. of HHS and Dept. of HHS v. Florida ) [ enhanced version available...

Obamacare Architect Estimates Three-Year Delay in Accurately Understanding Affordable Care Act Impact on Workers’ Compensation

The statement of economist Jonathan Gruber, Ph.D. , of the Massachusetts Institute of Technology in Cambridge, Massachusetts that a three-year news blackout regarding the Affordable Care Act (ACA) would have had merit was arguably the most memorable moment during the 2014 Annual Issues and Research Conference...