Health Care Bill « Virginia Lawyers Weekly

Federal appeals court hears first healthcare law cases

By Deborah Elkins
Published: May 10, 2011
Tags: Attorney General Ken Cuccinelli, Federal Courts, Health Care Bill, Judge Andre M. Davis, Judge Diana Gribbon Motz, Judge Henry E. Hudson, Judge James A. Wynn Jr., Judge Norman K. Moon

The legal battle over the federal health care act has made it to the next level.
The 4th U.S. Circuit Court of Appeals heard arguments May 10 in the first two cases to advance from the trial court level to a federal appeals court, en route to a likely showdown in the U.S. Supreme Court.
The two [...]

Hudson is first to strike down health care law

By Alan Cooper
Published: December 14, 2010
Tags: Attorney General Ken Cuccinelli, Constitutional, Federal Courts, Health Care Bill, Judge Henry E. Hudson

U.S. District Judge Henry E. Hudson struck down a key part of the nation’s new health care law last week, becoming the first judge to rule that Congress exceeded its powers by requiring individuals to have health insurance or pay a penalty to the federal government.
Hudson’s decision in Commonwealth v. Sebelius (VLW 010-3-647) followed two [...]

Moon dismisses challenge to new health care law

By Peter Vieth
Published: December 1, 2010
Tags: Federal Courts, Health Care Bill, Judge Norman K. Moon, Law Schools

U.S. District Judge Norman K. Moon of Lynchburg dismissed a challenge to President Obama’s health care plan last week.
In a 54-page opinion, Moon rejected the argument by Liberty University lawyers that the Constitution’s Commerce Clause bars any law requiring most Americans to obtain medical coverage.
“I hold that there is a rational basis for Congress to [...]

It’s a race to the high court for challenges to healthcare reform law

By Alan Cooper
Published: November 1, 2010
Tags: Attorney General Ken Cuccinelli, Federal Courts, Health Care Bill

If each of the 20 or more federal court challenges to the Patient Protection and Affordable Care Act is in a race to the U.S. Supreme Court, which is more likely to get there first?
The smart money is probably on a case from Michigan that’s already on its way to the 6th U.S. Circuit Court [...]

Richmond federal court hears ‘Obamacare’ case

By Alan Cooper
Published: October 25, 2010
Tags: Attorney General Ken Cuccinelli, Federal Courts, Health Care Bill, Judge Henry E. Hudson

The pivot point for Virginia’s challenge to the federal health care reform package at the Oct. 18 hearing in Richmond federal court was the federal legislation’s “individual mandate,” which requires a person to buy insurance or pay a penalty.
The two sides offered different characterizations of the so-called individual mandate in their contest over the constitutionality [...]

Healthcare challenge advances in federal court

By The Associated Press
Published: August 9, 2010
Tags: Attorney General Ken Cuccinelli, Constitutional, Federal Courts, Health Care Bill, Judge Henry E. Hudson

(AP) An Oct. 18 hearing before U.S. District Judge Henry E. Hudson will be the next major proceeding in Virginia Attorney General Ken Cuccinelli’s challenge to a key element of the Obama administration’s health care reform package.
A spokesman for Cuccinelli said the office expects to file a motion for summary judgment that would give Hudson [...]

Is the health care debate impacting jurors?

By Correy E. Stephenson
Published: July 23, 2010
Tags: Health Care Bill, Practice Tips

The national debate over health care covered a broad spectrum of topics and invited opinions from every citizen.
And like any political issue, the debate will affect potential jurors, said Richard Gabriel, president of Decision Analysis, a jury consulting company in Los Angeles.
“Any debate in the public forum inevitably impacts jurors,” he noted.
For example, said Gabriel, [...]

Grandfathering guidance in health care reform law

By Sylvia Hsieh
Published: July 19, 2010
Tags: Health Care Bill

An interim final rule clarifying the grandfathering provisions for employers under the health care reform law contains surprises that raise the stakes on advising companies about their health plans.
The Patient Protection and Affordable Care Act puts new obligations on employers but generally grandfathers health plans in existence as of March 23, 2010, allowing exemption [...]

Judge to rule on health care suit in 30 days

By The Associated Press
Published: July 2, 2010
Tags: Attorney General Ken Cuccinelli, Federal Courts, Health Care Bill, Judge Henry E. Hudson

(AP) A federal judge said yesterday that he expects to rule within a month on the Obama administration’s motion to dismiss Virginia’s lawsuit challenging the new national health care reform law.
U.S. District Judge Henry Hudson heard more than two hours of arguments on the same day a Virginia law took effect exempting state residents from [...]

Health care reform bill offers many hidden changes

By Correy E. Stephenson
Published: April 13, 2010
Tags: Health Care Bill

The new health care reform law doesn’t just provide for universal health care – it also includes various non-health care provisions relevant to lawyers.
The Patient Protection and Affordable Care Act was signed into law by President Obama on March 23, with its companion bill, the Health Care Education and Affordability Reconciliation Act, signed March [...]

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