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Commercial Law & Contracts › Constitutional Law › Insurance

Read Commercial Law & Contracts updates, alerts, news, and analysis from leading lawyers and law firms:

News & Analysis as of May 25, 2013

BakerHostetler

Groundhog Day for Tuomey: Jury Finds Hospital Violated Stark Law and False Claims Act

by Darby C. Allen, Donna S. Clark | BakerHostetler on 5/22/2013

On May 8, 2013, a jury in the Columbia Division of the U.S. District Court for the District of South Carolina returned a verdict finding that Tuomey Healthcare Systems, Inc. (Tuomey) violated the Stark Law and the federal...more

Zelle Hofmann Voelbel & Mason LLP

Broadening Application Of The Filed Rate Doctrine

by Zelle Hofmann Voelbel & Mason LLP on 9/14/2012

Originally published in Competition Law360 on September 13, 2012. Ninety years ago Justice Brandeis delivered the opinion in Keogh v. Northwestern Railway Co., 260 U.S. 156 (1922), and based on four policy reasons,...more

Sutherland Asbill & Brennan LLP

Ohio State and Federal Courts Reject Class Actions Alleging That Life Insurers Have an Affirmative Duty to Undertake Death Matches

by Sutherland Asbill & Brennan LLP on 8/8/2012

Originally published in Life Insurance Law Committee Newsletter, Summer 2012. In three putative class actions brought by private plaintiffs seeking to require life insurers to undertake death matches, Ohio state and...more

Quinn Emanuel Urquhart & Sullivan, LLP

July 2012: Insurance Litigation Update -- Supreme Court To Address Whether Statutory Injury Creates Article III Standing

by Quinn Emanuel Urquhart & Sullivan, LLP on 7/30/2012

In Edwards v. First American Financial Corp., No. 10-708, the United States Supreme Court will decide an important question of Article III standing that will have broad-reaching impact on many industries, including the...more

Robert Pohls

The Affordable Care Act Upheld: Now What For Our Clients?

by Robert Pohls on 7/6/2012

On June 28, 2012, the Supreme Court issued its decision in a trio of cases which challenged the constitutionality of certain provisions in the Affordable Care Act. Ultimately, a majority of the justices concluded that the...more

Robert Pohls

The Supreme Court's Ruling on Health Care Reform: How Does it Impact Our Clients?

by Robert Pohls on 7/2/2012

On June 28, 2012, the Supreme Court issued its decision in a trio of cases which challenged the constitutionality of certain provisions in the Affordable Care Act. Ultimately, a majority of the justices concluded that the...more

Franczek Radelet P.C.

Health Care Reform – Pending Litigation Cases

by Franczek Radelet P.C. on 6/8/2011

Since the Patient Protection and Affordable Care Act (PPACA) was enacted last year, several state attorneys general and other private plaintiffs have filed lawsuits to repeal it. These lawsuits, among other issues, challenge...more

Sedgwick LLP

Eleventh Circuit Concludes Significant Litigation Involving Surplus Lines Carrier

by Sedgwick LLP on 2/25/2011

On January 18, 2011, the Eleventh Circuit Court of Appeals in Essex Insurance Co. v. Zota brought an end to seven years of litigation and four appellate proceedings, when it affirmed a final declaratory judgment entered in...more

Sutherland Asbill & Brennan LLP

Sutherland Salt Shaker Vol. 2 No. 1- January 2011

by Sutherland Asbill & Brennan LLP on 1/20/2011

IN THIS ISSUE: New York Issues (Another) Advisory Opinion on Taxability of Financial Advice Services; Utah Goes Market for Sourcing of Financial Institution Services; Iowa Supreme Court Deep-Fries Commerce Clause; Salt Pet...more

Barger & Wolen

Notes on Oral Argument Before the California Supreme Court on Applicability of the CLRA to "Insurance"

by Barger & Wolen on 3/10/2009

This past Monday, the California Supreme Court heard oral argument on the issue of whether California's Consumer Legal Remedies Act (CLRA) applies to "insurance." As discussed in previous posts, the Fairbanks decision, when...more

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