Constitutional Law, Insurance, Civil Procedure

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

NY Appellate Court Holds CIFG and Syncora Lack Standing in $1.8 Billion MBS Suit

by Orrick - Structured Finance Group on 4/30/2013

On April 25, the First Department of the Appellate Division of the New York Supreme Court affirmed an order barring monoline insurers CIFG and Syncora from suing GreenPoint Mortgage Funding for alleged violations of...more

Court Grants Unexpected Victory to Providers on Medicare DSH Adjustment

by Thomas W. Coons, Mark A. Stanley | Ober|Kaler on 4/18/2013

The United States District Court for the Eastern District of Pennsylvania’s opinion in Nazareth Hosp. v. Sebelius, slip op. no. 10-3513 furnished a surprising victory to two providers that challenged the calculation of the...more

Legal Challenges to ACA Not Quite Finished

by John LeBlanc | Barger & Wolen on 11/26/2012

If you thought that the legal battle over the constitutionality of the Patient Protection and Affordable Care Act ("ACA") was put to rest in NFIB v. Sebelius, you may want to pay attention to Liberty University v. Geithner. ...more

Arizona Upholds $54 Million Reduction of Punitive Damages in Insurance Bad Faith Case

by Nathan D. Meyer | Jaburg Wilk on 11/15/2012

The Arizona Court of Appeals recently upheld a trial court's reduction of a $55 million punitive damages award to only $620,000 and further reduced the punitive damages to $155,000-a 1:1 ratio to compensatory damages....more

Covenant Judgments in Washington – Reasonableness Determined on Five Days’ Notice to the Insurer and Without a Jury: Bird v. Best...

by Nicholas Neidzwski, Melissa White | Cozen O'Connor on 11/1/2012

In Bird v. Best Plumbing Group, LLC and Farmers Insurance Exchange, Wash. No. 86109-9 (October 25, 2012), the Washington Supreme Court held that: (1) insurers have no constitutional right to a jury determination of whether...more

Weekly Law Resume: Insurance Coverage–Right to Jury Trial on Declaratory Relief

by Low, Ball & Lynch on 10/5/2012

Allen M. Entin v. The Superior Court of Los Angeles Court of Appeal, Second District (August 20, 2012) Courts have frequently characterized declaratory relief actions as being equitable in nature. Despite this, cases...more

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

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

“[N]ovel and unsupported interpretation of Article III” rejected by the Second Circuit.

by Carlton Fields on 7/9/2012

In Mahon v. Ticor Title Ins. Co., No. 10-3005-cv, 2012 WL 2369194 (2nd Cir. June 25, 2012), the plaintiff brought a purported class action against her title insurer and a related title insurer, on behalf of herself and...more

Obamacare: Full Steam Ahead for Implementation of Act

by Dinsmore & Shohl LLP on 7/6/2012

By a 5-4 vote and on the strength of an opinion by Chief Justice John Roberts, the United States Supreme Court upheld the individual mandate in President Obama’s signature Patient Protection and Affordable Care Act. Strictly...more

Health Care Reform is (almost 100%) Constitutional; What Next? Kimberly I. McCarthy, Esq.

by Partridge Snow & Hahn LLP on 7/5/2012

On June 28, in a 5-4 decision, the Supreme Court decided the first consolidated cases on Health Care Reform. Those cases challenged the constitutionality of two provisions of the Patient Protection and Affordable Care Act...more

SCOTUS Ruling on the Affordable Care Act: Individual Mandate Upheld as a Tax, Limits Imposed on Medicaid Expansion

by King & Spalding on 7/3/2012

On June 28, 2012, in the most highly anticipated ruling of this Term, the U.S. Supreme Court issued its opinion regarding the constitutionality of the Patient Protection and Affordable Care Act of 2010 (the ACA) in National...more

Supreme Court Declines to Return Health Reform to its Pre-Existing Condition

by Sutherland Asbill & Brennan LLP on 7/3/2012

In a landmark decision, the U.S. Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act (PPACA), ruling that: - The individual mandate was a valid exercise of Congress’ taxing power...more

Supreme Court Rules Affordable Care Act is Constitutional

by Barger & Wolen on 7/3/2012

In a 5-4 decision, the United States Supreme Court ruled that the Patient Protection and Affordable Care Act (“ACA”) is constitutional. The majority opinion, authored by Chief Justice Roberts, upheld the centerpiece of the...more

U.S. Supreme Court Decision on Patient Protection and Affordable Care Act: Implications for Health Insurance Issuers

by Duane Morris LLP on 7/2/2012

Ending months of uncertainty following three days of historic oral arguments, on June 28, 2012, the last day of the 2011–2012 session, the U.S. Supreme Court ruled on the Patient Protection and Affordable Care Act (ACA). The...more

Health Care Reform Update -- July 2, 2012

by Mintz Levin - Health Law on 7/2/2012

In This Issue: Leading the News; Implementation of the Affordable Care Act (ACA); Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; and Hearings & Mark-ups Scheduled. Excerpt...more

Affordable Care Act

by Sedgwick LLP on 7/2/2012

Yesterday was a historic day as the US Supreme Court ruled 5-4 to uphold the Affordable Care Act. As political pundits and news outlets continue to parse through the opinion and dissents, we wanted to share this link to an...more

Manatt Analysis of the Supreme Court Ruling on the ACA

by Manatt, Phelps & Phillips, LLP on 7/2/2012

The long-awaited Supreme Court decision brings clarity to the future of health care reform and the implementation of the Affordable Care Act (ACA). The following represents Manatt’s first take on the ruling and its...more

National Federation of Independent Business v Sebelius

by Miller Canfield on 7/2/2012

In its decision announced June 28, the Supreme Court reviewed Congress’s constitutional authority to enact two aspects of the Patient Protection and Affordable Care Act of 2010 (ACA): the individual mandate and the ACA’s...more

Supreme Court Issues Landmark Decision on Healthcare Reform

by Looper Reed & McGraw, P.C. on 6/29/2012

In a long-awaited decision, the Supreme Court upheld the constitutionality of the Affordable Care Act. The debate centered on the constitutionality of two provisions of the ACA: the highly-publicized individual mandate, and...more

Legal Byte: Inconsistent & Alternative Pleading to Trigger Insurance Coverage

by Alan Goldberg on 6/21/2012

Can a plaintiff plead inconsistent theories of relief/liability, such as negligence (which is unintentional) and fraud (which is intentional), for any reason, including for the purpose of triggering insurance coverage?...more

May 2012: Appellate Litigation Update: Supreme Court to Review Patient Protection and Affordable Care Act

by Quinn Emanuel Urquhart & Sullivan, LLP on 5/15/2012

Supreme Court to Review Patient Protection and Affordable Care Act: In one of the most important and closely watched cases in recent memory, the Supreme Court this Term will decide the constitutionality of the Patient...more

Supreme Court Oral Argument Raises Specter That Entire Health Reform Law Could Be Overturned

by King & Spalding on 4/3/2012

Last week’s big news was the highly unusual three days of oral arguments held by the Supreme Court on various aspects of the Patient Protection and Affordable Care Act (ACA), including whether the individual mandate,...more

Health Care Reform Update -- April 2, 2012

by Mintz Levin - Health Law on 4/3/2012

In This Issue: Special Report: Health Reform before the Supreme Court; Implementation of the Affordable Care Act (ACA); Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; and Other...more

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Constitutional Law › Insurance › Civil Procedure