Cummings v. Premier Rehab Keller, P.L.L.C. is a very important case for employment and benefits practitioners. The Court, divided 6-3 along conservative/liberal lines, has held that emotional distress damages are not...more
Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers.
U.S. Supreme Court Employment Law Decisions in Review (see video attached)
The Supreme Court’s term ended on...more
7/14/2021
/ Affordable Care Act ,
Agricultural Workers ,
Article III ,
Breach of Duty ,
California v Texas ,
Cedar Point Nursery v Hassid ,
Class Action ,
Class Members ,
Commerce Clause ,
Credit Reporting Agencies ,
Credit Reports ,
Employee Retirement Income Security Act (ERISA) ,
Fair Credit Reporting Act (FCRA) ,
Farm Workers ,
Farms ,
Fiduciary Duty ,
Fifth Amendment ,
Fourteenth Amendment ,
Individual Mandate ,
Injury-in-Fact ,
Just Compensation ,
Medicaid ,
Pensions ,
Preemption ,
SCOTUS ,
Standing ,
Takings Clause ,
Tax Cuts and Jobs Act ,
TransUnion ,
TransUnion LLC v Ramirez ,
Trump Administration ,
Unions ,
United Farm Workers
Oral arguments in California v. Texas offer a glimpse at how the Supreme Court might rule in deciding the fate of the Affordable Care Act (“ACA”). Attorneys Stuart Gerson and Tim Murphy also look at what Justice Amy Coney...more
11/19/2020
/ Affordable Care Act ,
Article III ,
California v Texas ,
Commerce Clause ,
Individual Mandate ,
Medicaid ,
Oral Argument ,
SCOTUS ,
Standing ,
Tax Cuts and Jobs Act ,
Trump Administration
The U.S. Supreme Court decision in Maine Community Health Options v. United States, is a major decision affecting healthcare and resolving a significant Obamacare dispute. The Affordable Care Act famously established online...more
4/30/2020
/ Affordable Care Act ,
Appropriations Bill ,
Court of Federal Claims ,
Damages ,
Government Payments ,
Health Insurance ,
Insurance Industry ,
Maine Community Health Options v. United States ,
Reimbursements ,
Remand ,
Risk Corridors Statute ,
SCOTUS ,
Tucker Act
In an unexpectedly broad ruling issued December 14, 2018, the U.S. District Court for the Northern District of Texas declared the Affordable Care Act (“ACA”) as unconstitutional in its entirety. This decision, if ultimately...more
12/19/2018
/ Affordable Care Act ,
Appointments Clause ,
Benefit Plan Sponsors ,
Biosimilars ,
Constitutional Challenges ,
Corporate Counsel ,
Declaratory Judgments ,
Department of Justice (DOJ) ,
Employer Group Health Plans ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
HRA ,
Individual Mandate ,
Internal Revenue Code (IRC) ,
Kathleen Sebelius ,
Medicaid ,
Medicaid Expansion ,
Pharmaceutical Industry ,
Popular ,
Severability Doctrine ,
Tax Cuts and Jobs Act
On August 3, 2015, in United States ex rel. Kane v. Healthfirst, Inc., et al., No. 1:11-cv-02325 (S.D.N.Y. Aug. 3, 2015), the United States District Court for the Southern District of New York issued the first reported...more
Perhaps never before have employers faced so many challenges when it comes to health care issues affecting their workforce. Congress may try to amend the Affordable Care Act (“ACA”). The Supreme Court of the United States is...more
2/26/2015
/ Affordable Care Act ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Flexible Spending Accounts ,
GINA ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Savings Accounts ,
Individual Mandate ,
Preexisting Conditions ,
SCOTUS ,
Tax Credits ,
Telehealth ,
Telemedicine ,
Wellness Programs
On July 22, 2014, the U.S. Court of Appeals for the D.C. Circuit and the U.S. Court of Appeals for the Fourth Circuit issued conflicting opinions on a key aspect of the Affordable Care Act ("ACA"). The cases are Halbig v....more
7/30/2014
/ Affordable Care Act ,
Appeals ,
Barack Obama ,
Employer Mandates ,
En Banc Review ,
Halbig v Burwell ,
Health Insurance ,
Health Insurance Exchanges ,
Healthcare Reform ,
King v Burwell ,
SCOTUS ,
Subsidiaries ,
Tax Credits
For employers with employees in the 36 states with a federally facilitated exchange, the question arises how the Halbig decision impacts their decision and strategy to provide health coverage to their employees when the...more