The Patient Protection and Affordable Care Act (the “ACA”) has survived two trips to the U.S. Supreme Court. It now appears as though a third is likely....more
12/21/2018
/ Affordable Care Act ,
Commerce Clause ,
Constitutional Challenges ,
Individual Mandate ,
SCOTUS ,
Severability Doctrine ,
Shared Responsibility Rule ,
Tax Cuts and Jobs Act ,
Tax Penalties ,
Taxing Power ,
Texas v US
Earlier this year, the U.S. Supreme Court decided the case of Amgen v. Harris, in which the Court revisited and clarified its 2014 holding in Dudenhoeffer v. Fifth Third Bancorp.2 Both cases concern the application of a...more
7/11/2016
/ Amgen ,
Amgen v Harris ,
Breach of Duty ,
Class Action ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Moench Presumption ,
More Harm Than Good Standard ,
Plan Administrators ,
Pleading Standards ,
Retirement Plan ,
SCOTUS ,
Stock Drop Litigation
The U.S. Supreme Court decided the case of Gobeille v. Liberty Mutual Insurance Co. last week, in which the Court invalidated a Vermont health care data collection law as being preempted by the Employee Retirement Income...more
In its June 2014 decision in Dudenhoeffer v. Fifth Third Bank, the U.S. Supreme Court unanimously declined to recognize a “presumption of prudence” that had favored retirement-plan fiduciaries faced with allegations of...more