Tag Archives: Health Care

Sixth Circuit Affirms John Deere’s HCQIA Immunity

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

U.S. Supreme Court Upholds Health Care Statute In Landmark Ruling, Rejecting Much of Sixth Circuit’s Constitutional Rationale

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

Another Federal Judge Strikes Down the Individual Mandate Under the New Health Care Statute

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

Unlike 6th and 11th Circuits, 4th Circuit Denies Challenges to Health Care Statute on Standing Grounds (With An Interesting Twist)

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

Sixth Circuit Affirms Civil Monetary Penalties Imposed by HHS

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

BREAKING NEWS: In Direct Conflict With the 6th Circuit, the 11th Circuit Rules That the Individual Mandate Under the Health Care Statute Is Unconsitutional

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

New Health Care-Related Appeal Raises Interesting Questions of Appellate Jurisdiction

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

Unlike Sixth Circuit, Third Circuit Does Not Reach Merits of Challenge to Health Care Statute

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

Sixth Circuit Facing Difficult En Banc Questions

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

Sixth Circuit’s June 29 Decision Upholding the Health Care Statute is Generating Massive Commentary

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

BREAKING NEWS: Sixth Circuit Upholds Health Care Statute, Becoming the First Appellate Court to Rule on the Constitutionality of the Individual Mandate

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

Just Like in the Sixth Circuit, the Government Faces Sharp Questions from the Eleventh Circuit on the Constitutionality of the Health Care Statute

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

Highlights and Analysis of Yesterday’s Sixth Circuit Oral Argument on Obama’s Health Care Statute

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

The Big Day is Here – Sixth Circuit to Hear Oral Argument Tomorrow On the Challenge to the Health Care Statute

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

Sixth Circuit Requests (and Receives) Additional Arguments on the Challenge to the New Health Care Statute to be Heard One Week From Today

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

Sixth Circuit Provides Guidance on Interpreting Collective Bargaining Agreements and Preemption Under The Labor Management Relations Act

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

Challenge to Health Care Statute Heard by Fourth Circuit Today; Sixth Circuit Argument on the Horizon

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

Supreme Court Declines to Step in at This Time; Allows Sixth Circuit to Hear Challenge to Health Care Statute

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

Challenge To The Health Care Statute Will Be Heard By The Sixth Circuit on June 1, 2011

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

Challenges To The Health Care Statute Are On The Fast Track In The Sixth Circuit And Elsewhere

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

Sixth Circuit Expedites Oral Argument in Case Challenging Health Care Statute

For the last several months, we have been 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. Obama, et al. … Continue Reading
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