End Game in the Fight Over Same Sex Marriage?
Law Prof: The Clean Air Act Needs a Reboot
International Patent Laws – Interview with Julian Crump, Managing Member, Mintz Levin's London, UK Office
10 Scalia Interview Highlights
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: Adjacent Development Rights and Objections
Will New Marijuana Laws Go Up In Smoke?
Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation?
Weekly Brief: Google Antitrust Suit?; Legal Weed; Law Firm Mega-Merger Mania
Appeal Trial Court - What To Do When a Party Loses or is Unhappy with a Decision Made by the Trial Court - Kathi Sandweiss discuss
The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation.
Northern Mariana Islands Retirement Fund Files For Bankruptcy
A second federal district court judge has ruled in favor of the government on one of the most serious challenges to the Patient Protection and Affordable Care Act of 2010 (ACA). The court dismissed a challenge to the...more
Despite twenty states allowing the use of medicinal marijuana and two more – Colorado and Washington – allowing recreational marijuana use, employers remain unaffected. Courts consistently find that employers may terminate...more
On October 16, 2013, a New York federal district court granted a partial motion to dismiss a Fair Labor Standards Act (FLSA) class action suit against the New York City Health & Hospitals Corp. (HHC), finding that HHC is a...more
Under the Patient Protection and Affordable Care Act’s preventive services mandate, non-grandfathered group health plans must provide 100% coverage of contraceptives for women, subject to exemptions and safe harbors for...more
Last month, Illinois became the 21st state to adopt a medical marijuana law. The law, which is tabbed as a four-year pilot program legalizing the use of marijuana for medical purposes, becomes effective on January 1, 2014 and...more
Last month a NJ Appellate Division panel held in three consolidated appeals that a NJ hospital’s state law claims that a health care plan must pay full price for medical services the hospital provided to plan participants are...more
On July 22, 2013 a former nurse asked the U.S. Supreme Court to resolve a circuit split, which she claims the Sixth Circuit created when it found that the nurse's admitted failure to follow the hospital's procedures for...more
Plan sponsors, particularly those that sponsor self-funded health plans, should review plan document provisions in light of the recent decision of the Supreme Court of the United States in US Airways, Inc. v. McCutchen. In...more
So yesterday, I made a convincing case that employees who smoke outside the workplace can’t be treated differently than your non-smokers. ...more
In This Issue:
- Editor's Overview
- ERISA Preemption in Provider Misrepresentation Claims: An Overview of the Jurisprudence Leading Up to the Fifth Circuit's En Banc Review of Access Mediquip and What Lies...more
Although the Supreme Court, in a landmark decision earlier this summer, affirmed the constitutionality of the Patient Protection and Affordable Care Act (ACA), the challenges to and controversies surrounding that Act are far...more
Employers with Florida employees face certain state-specific employee benefits compliance challenges. While in general ERISA preemption will serve to minimize the number of state laws applicable to the ERISA-governed benefit...more
Originally published in InsideCounsel.com - February 20, 2012.
Delaware’s Medical Marijuana Act exemplifies the battle between state and federal marijuana laws
The age of medical marijuana has arrived. Sixteen...more
The new Michigan Health Insurance Claims Assessment Act imposes a 1-percent tax on “paid claims” for health-related services of employer-sponsored health and welfare plans.
Employer plan sponsors with...more
In a previous post in August, I questioned whether the pharmaceutical companies were losing the exemption battle as it related to pharmaceutical sales representatives and the outside sales exemption. The Supreme Court had...more
The Supreme Court announced on Monday, November 14, 2011 that it will hear challenges to the Patient Protection and Affordable Care Act (PPACA). President Obama signed PPACA on March 23, 2010, and legal challenges to the...more
In This Issue:
A Look Ahead: Four Trends Healthcare Employers Should Continue to Watch By A. Kevin Troutman (Houston)
With the year drawing to a close, this is a good time to examine four significant trends in...more
When pharmacists actively obstruct access to birth control, what are the appropriate legal measures to take in protecting the patient's rights to basic health care while respecting a pharmacist's rights to free speech? This...more
The Ninth Circuit U.S. Court of Appeals (Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) has added another chapter in the saga of whether pharmaceutical sales representatives (PSRs) qualify for the...more
Medical-marijuana laws present employers with a unique dilemma regarding how they handle employees or applicants who test positive for illegal drug use as compared to how they handle persons who test positive for prescribed...more
In Marin General Hospital v. Modesto & Empire Traction Co., ___ F.3d. ___, 2009 WL 2882832 (9th Cir. 2009), the Ninth Circuit Court of Appeals considered whether section 502(a)(1)(B) of ERISA completely preempted state-law...more
On March 9, 2009, the Ninth Circuit denied a petition for en banc review of Golden Gate Restaurant Ass’n v. City and County of San Francisco, 546 F.3d 639 (9th Cir. 2008) wherein the Court of Appeals found that a San...more
IN THIS ISSUE:
*Ninth Circuit Holds that RLA Does not Pre-empt Employees' State Law Claims
*NMB Finds Delta and Northwest Operate as Single Transportation System
*House Passes Airline Flight Crew Technical Corrections...more
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