Sonia Sotomayor, the U.S. Supreme Court’s first Hispanic justice, isn’t expected to shatter precedent with her rulings on high court pension cases, according to ERISA attorneys.Sotomayor Expected to Stay Mainstream in Pension Rulings, Work Force …
Longaberger’s equitable lien attached to the settlement fund when it was identified and received in July 2004. Indeed, Kolt conceded at the district court’s February 9, 2005, hearing that he “probably” was aware at the …
Facts are stubborn, but statistics are more pliable. Quote by Mark Twain. The Senate’s prior versions of health care legislation are now merged in a bill which will face the threat of filibuster when presented …
Plaintiffs are correct that this affirmative defense — particularly the last clause — is sufficiently vague as to fail to provide sufficient notice. While Defendants counter that they addressed the factual underpinning of this defense …
The district court erred by conflating the issue of Braden’s Article III standing with his potential personal causes of action under ERISA. Braden v. Wal-Mart Stores, Inc., 2009 U.S. App. LEXIS 25810 (8th Cir. Mo. Nov. …
From PointOfLaw.com, there is an interesting reference on New York legislation addressing a number of policy issues in state court litigation including subrogation and benefit plan reimbursement, to wit: “New York State Legislature Passes New …
The Senate health care legislation bill is now available for public review. Here are the links: From the Senate Democrats’ Site: Manager’s Amendment Now Available, 12/19/2009Download the complete text of the Manager’s Amendment, #3276 to …
Scott Brown’s quip that the open Massachusetts’ Senate seat was, in fact, the “people’s seat“, rather than a Kennedy sinecure to be conferred upon the annointed, raises an interesting question about Obamacare in the Bay State. …
Rodney P. Mock and Jeffrey Tolin, both of California Polytechnic State University, have published an article entitled “Purchase or Else: The Health Insurance ‘Tax’” in Tax Notes. The article examines the nature of the tax …
Under the PPACA, rescission is prohibited except in cases of fraud or misrepresentation. (PPACA Sec. 1001, amending the PHSA, 42 USC 300gg et seq.) The health insurance industry agreed to comply with this requirement ahead …