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Federal Court calls "individual mandate" unconstitutional

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 16 2010

A Federal Court in Virginia ruled on December 13 that the provision of the Patient Protection and Affordable Care Act requiring most Americans to carry insurance or pay a fine is unconstitutional

Judge allows healthcare reform challenge to move forward

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 25 2010

On October 14, a federal judge declined to dismiss two of the six claims in a healthcare reform lawsuit filed by 20 states

Healthcare lawsuit may move forward

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 27 2010

Also on September 14, the healthcare reform lawsuit filed by the Attorneys General of 20 states against the federal government appeared ready to move forward - at least in part

ERISA litigation: an update from the ALI-ABA conference on financial and insurance litigation

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 21 2010

ERISA litigation, once considered a dull backwater of the law, has been gaining increased interest and attention in recent years: the result of an aging population and an increasingly sophisticated and aggressive plaintiffs' bar

Ninth Circuit: automobile insurer did not engage in bad faith by refusing to pre-authorize treatment under PIP coverage

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 2 2010

In Sadler v. State Farm Mutual Automobile Insurance Company, No. 08-35859 (9th Cir. Nov. 4, 2009), the insureds sued their insurer for bad faith, among other claims, arising from their insurer’s refusal to pre-authorize surgery under the personal injury protection (“PIP”) provision of the automobile insurance policy

Court examines duty to defend funeral homes accused of participation in organ harvesting

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 23 2009

A federal judge in Pennsylvania recently examined whether an insurer must defend a crematorium and funeral home against several lawsuits alleging that they participated in an organ harvesting scheme

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