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U.S. Supreme Court rules the individual mandate is constitutional and limits Medicaid expansion laws

  • Squire Sanders
  • -
  • USA
  • -
  • June 28 2012

The decision we've all been waiting for is in -- the U.S. Supreme Court has ruled that the statute commonly known as the individual insurance mandate (everyone must have minimum health insurance coverage or pay a pentalty) is constitutional under Congress' taxing power

Knowledge is power -- or at least triggers the ERISA statute of limitations

  • Squire Sanders
  • -
  • USA
  • -
  • October 1 2010

The Sixth Circuit continues to liberally define the "actual knowledge" required to trigger the 3-year ERISA statute of limitations and, in doing so, affirmed summary judgment in favor of the defendants in Brown v Owens Corning Investment Review (Case No. 09-3692

Second Circuit decision results in significant nondischargeable debt as a result of new PBGC claims arising from pension plan termination in Chapter 11

  • Squire Sanders
  • -
  • USA
  • -
  • August 26 2009

During the bankruptcy cycle following the recession of 2001, numerous debtors notably airlines such as US Airways and United Air Lines, Inc. undertook “distress terminations” of their ERISA-qualified defined benefit pension plans, which are insured by the Pension Benefit Guaranty Corporation (PBGC