Labor & Employment Law, Conflict of Laws, Health Law

Supreme Court Clarifies Subrogation Rights, Emphasizes Need for Precise Plan Language

by J. S. Christie, Andrew Elbon, B. David Joffe, Jessica Jones, Jack Levy, Gordon Earle Nichols, Laura Schiele Robinson, Jay Turner | Bradley Arant Boult Cummings LLP on 4/25/2013

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

Employees Who Smoke (Part II) – The Exception for Health Insurance Plans

by Daniel A. Schwartz | Pullman & Comley, LLC on 2/26/2013

So yesterday, I made a convincing case that employees who smoke outside the workplace can’t be treated differently than your non-smokers. ...more

Can You Be Fired for Using Medical Marijuana?

by Michele Bowman | Lawyers.com on 1/11/2013

In two recent cases, the EEOC settled with employers who had fired workers because of positive drug tests for prescription drugs. But in states where medical marijuana is legal, can employers fire employees who test positive...more

The ERISA Litigation Newsletter - September 2012

by Proskauer Rose LLP on 9/17/2012

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

Affordable Care Act Runs Into Religious Freedom Issues in Court

by Franczek Radelet P.C. on 8/16/2012

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 in Florida Face State-Specific Employee Benefit Plan Issues

by Akerman Senterfitt on 6/4/2012

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

Labor: Employment protections under medical marijuana laws

by Potter Anderson & Corroon LLP on 3/6/2012

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

Effect of New Michigan Health Insurance Claims Assessment Act on Group Health Plans

by McDermott Will & Emery on 2/6/2012

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

Pharmaceutical Sales Representative Case Goes to Supreme Court

by Franczek Radelet P.C. on 11/29/2011

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

Supreme Court to Hear Challenges to Health Care Reform

by Ropes & Gray LLP on 11/22/2011

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

Healthcare Update - November 2011 No. 4

by Fisher & Phillips LLP on 11/2/2011

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 Negligence Becomes Deliberate

by Jingna Zhao on 8/26/2011

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

SmithKline Beecham Wins On "Outside Salesman" Exemption

by Fisher & Phillips LLP on 3/1/2011

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

Mastering the Legalities of Medical Marijuana

by Dinsmore & Shohl LLP on 11/18/2010

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

Claims by Health Care Provider Against Employer Not Preempted by ERISA When Claims Arise From an Oral Contract Separate From ERISA...

by Barger & Wolen on 9/23/2009

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

Ninth Circuit Denies En Banc Review of Golden Gate Restaurant Association

by Barger & Wolen on 4/15/2009

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

Airline Management Letter - March 1, 2009

by FordHarrison on 3/1/2009

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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Labor & Employment Law › Conflict of Laws › Health Law