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Market Conduct Regulation – New Appleman on Insurance Law Library Edition, Chapter 13

By A. Kenneth Levine A functional insurance market has become commensurate with the health, safety, and welfare of modern society. Insurance products fulfill the need for financial security of most Americans and the commerce upon which the American economy depends. Conversely, many economic factors...

Framework for the Regulation of the Insurance Industry – New Appleman on Insurance Law Library Edition, Chapter 8

By Gary M. Cohen This is a time of unprecedented turmoil in the financial markets. The failure of Lehman Brothers and the federal bailout of AIG and other major financial institutions has led policymakers to consider wide-ranging changes to a regulatory system that dates back to the Great Depression...

Regulation of Rates and Risk Classification – New Appleman on Insurance Law Library Edition, Chapter 11

By Nathanial Shapo. Due to its central role in United States society (see Section 11.01), it is settled public policy that insurance is a heavily regulated industry. However, what constitutes efficient and effective regulation of this commercial enterprise constitutes a subject of vigorous debate....

Virginia’s Suit Challenging Health Care Act Continues

RICHMOND, Va. – (Mealey’s) Saying that no case from any federal appellate court has extended the commerce clause or tax clause of the U.S. Constitution to include the regulation of a person’s decision not to purchase a product, the federal judge overseeing the Commonwealth of Virginia’s...

Spotlight on Health Care Reform Resource Center

Welcome! We've designed this resource center to help you locate materials on health care reform, here on the LexisNexis Emerging Issues Law Community, the Internet, and lexis.com. Please be sure to check back often for new updates to the Spotlight on Health Care Reform Resource Center. ...

How the Office of National Insurance Act of 2010 Threatens State Insurance Regulation

By Karl L. Rubinstein 1 Title V of the new Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) is named the “Federal Insurance Office Act of 2010.” Several provisions of Title V---foreshadow massive federal intrusion into the insurance industry and a likely...

Federal Judge Dismisses States' Gun Lawsuit

HELENA, Mont. - (AP) A federal judge in Missoula has dismissed a lawsuit by gun rights advocates and states seeking freedom from federal gun laws, a move that the advocates promised to appeal. The decision Wednesday from U.S. District Judge Donald Molloy was expected since his magistrate a month ago...

Chinese Drug Company, CEO Plead Guilty To Selling Illegal Drug, Pay $7.5M

PROVIDENCE, R.I. - (Mealey's) A Chinese pharmaceutical company and its chief executive officer on Oct. 6 pleaded guilty in absentia to federal criminal charges of illegally distributing unapproved human growth hormone and will pay $7.5 million in forfeiture and a community service contribution (...

Government Urges Appeals Court To Uphold Health Care Law

WASHINGTON, D.C. - (AP) The Obama administration said Wednesday that health care reforms should be upheld in the courts because the costs of the uninsured are a burden on interstate commerce. In arguments filed in a federal appeals court in Atlanta, the government said the new law provided a comprehensive...

The Federal Hazardous Materials Transportation Act preempts state common law claims for design defects

The plaintiff-employee, a chemical unloader, was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying his face and chest and thereby inflicting severe burns. The employee sued under common law theories of negligence, strict liability, products...

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...

Truckers’ and Motor Carriers’ Commercial Vehicle Insurance – New Appleman on Insurance Law Library Edition, Chapter 69

By Jay Barry Harris, Lee Applebaum, and Jennifer Tatum Root, Attorneys, Fineman, Krekstein & Harris, P.C. Chapter 69 examines the insurance of commercial vehicles with a particular emphasis on insurance in the commercial trucking industry. This chapter explores federal and state regulation of...

Florida: Arbitration Clause in Employment Contract Binding in Former Employee’s Retaliatory Discharge Claim

An employment agreement that required arbitration of all employment disputes between a staffing company and a truck driver did not violate public policy by requiring that the driver’s claim of retaliatory discharge be submitted to arbitration, rather than be determined by a court, held a Florida...