The Supreme Court on Tuesday issued an opinion in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., which reversed the Sixth Circuit’s October 2020 decision finding that DaVita Inc. plausibly asserted a claim against an Ohio hospital’s health plan for unlawfully discriminating against patients with end-stage renal disease by offering low reimbursement rates … Continue Reading
Note — This post arrives (along with many more) thanks to Zach Young, a Cincinnati native and rising 2L at Stanford Law School, where he studies as a Knight-Hennessy Scholar. He will be contributing to the Sixth Circuit Appellate Blog regularly this summer. The Sixth Circuit declined last Thursday to relax standing requirements for cases … Continue Reading
In Moore v. John Deere Health Care Plan, Inc., the Sixth Circuit affirmed summary judgment for John Deere—a health maintenance organization. Under the Health Care Quality Improvement Act (“HCQIA”), the Court held, John Deere was immune from damages in a suit brought by David Moore and his wife—the sole officers, directors, and shareholders of Community … Continue Reading
It seems that everyone is a constitutional scholar today following the U.S. Supreme Court’s decision earlier this morning upholding the constitutionality of the Patient Protection and Affordable Care Act, Public Law 111-148. See Opinion, National Federation of Independent Business v. Sebelius (Sup. Ct. Case No. 11-393) (PDF). The Court’s landmark ruling is notable not only … Continue Reading
Judge Christopher C. Conner of the United States District Court for the Middle District of Pennsylvania ruled this week that the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148, is unconstitutional. See Opinion, Goudy-Bachman v. United States Department of Health and Human Services (M.D. … Continue Reading
The Fourth Circuit Court of Appeals yesterday rejected two challenges to the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. Like the Third Circuit, and unlike the Sixth and Eleventh Circuits, the Fourth Circuit held that the challengers lacked standing. … Continue Reading
We have previously indicated that the Sixth Circuit seems to be on a streak of health care-related opinions, and yesterday the Court continued that trend in Golden Living Center – Frankfort v. Secretary of Health and Human Services. In that case, HHS imposed approximately $175,000 in civil monetary penalties related to alleged substandard care at … Continue Reading
Only a few days after we noted that the Sixth Circuit seems to be deciding an usually large number of healthcare decisions, the Court was at it again yesterday. In Chesbrough v. VPA, PC, Case No. 10-1494, the Court considered a False Claims Act brought by a qui tam relator, alleging fraudulent Medicare and Medicaid … Continue Reading
A divided Eleventh Circuit has just ruled that the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148, is unconstitutional. See Opinion, State of Florida, et al. v. United States Department of Health and Human Services, et al. (Eleventh Circuit, Case No. 11-11021). The Eleventh Circuit’s … Continue Reading
The Sixth Circuit has recently decided a landmark case regarding the constitutionality of health care reform. Now, it is being asked again to review a case of great significance to the provision of health care services. In United States of America v. Blue Cross/Blue Shield of Michigan, (Eastern District of Michigan), the federal and state … Continue Reading
The Third Circuit yesterday affirmed a New Jersey district court’s dismissal of a lawsuit brought by a group of New Jersey doctors challenging the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Opinion, New Jersey Physicians, Inc. et al. … Continue Reading
Recently, the Sixth Circuit has handed down decisions in two of the most high-profile cases currently pending in the federal appellate courts. First, as we previously reported, the Sixth Circuit upheld the federal health care statute in the wake of a number of constitutional challenges. Second, a few days later, the Sixth Circuit struck down … Continue Reading
In our BREAKING NEWS item on Wednesday, we were one of the first legal blogs to report on and analyze the Sixth Circuit’s high profile opinion in Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case No. 10-2388), in which a divided panel upheld the constitutionality of the mandate requiring individuals to purchase … Continue Reading
If you have been following my blog posts for the last half year, you know I have been predicting that the Sixth Circuit was poised to become the first appellate court in the country to rule on the constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection … Continue Reading
As regular followers of our blog know, we have been closely following the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. … Continue Reading
As we previously reported and analyzed, Acting Solicitor General Neal Katyal was in Cincinnati, Ohio last week before the Sixth Circuit to argue the government’s position in the appeal involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. … Continue Reading
Outside on the downtown streets of Cincinnati yesterday, the city was alive with political and legal debates, including a spirited protest by members of the Cincinnati tea party. That’s because inside Cincinnati’s federal courthouse, in a standing room only courtroom, the Sixth Circuit heard oral argument in the high-profile appeal involving a constitutional challenge to the … Continue Reading
Tomorrow is the big day in the Sixth Circuit. The Court will hear oral argument in the high-profile appeal involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et … Continue Reading
One week from today, the Sixth Circuit will hear oral arguments in the high-profile appeal involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case … Continue Reading
The Sixth Circuit yesterday provided additional guidance in this Circuit for interpreting collective bargaining agreements and preemption questions under the Labor Management Relations Act (LMRA). The three-judge panel in CNH America LLC v. International Union, et al. (6th Cir., Case No. 09-2001) (PDF), held that a Voluntary Employees’ Beneficiary Association (VEBA) trust fund agreement, which was part … Continue Reading
As we reported two weeks ago, the Fourth Circuit is hearing oral arguments today in the appeal from Virginia District Court Judge Henry Hudson’s December 13, 2010 decision declaring unconstitutional the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Commonwealth of Virginia, … Continue Reading
The U.S. Supreme Court today rejected an effort by Virginia’s attorney general to bypass the Court of Appeals and have the Supreme Court immediately address the challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. Virginia had filed a petition on … Continue Reading
If you are a regular follower of our blog, you know that we have been closely tracking the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More … Continue Reading
We are continuing to follow the case making its way through the Sixth Circuit involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148. See Thomas More Law Center, et al. v. Obama, et al. (Sixth Circuit, Case No. … Continue Reading
