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Circuit split on availability of ACA tax credits in federal Exchanges
  • Reed Smith LLP
  • USA
  • July 25 2014

As has been widely reported, on July 22, 2014, two circuit court panels handed down conflicting decisions on whether ACA insurance premium tax

A busy day in the federal courts potential circuit split on the Affordable Care Act
  • Sirote & Permutt PC
  • USA
  • July 23 2014

Yesterday, two federal appellate courts issued conflicting rulings regarding tax credit subsidies for individuals who purchase health insurance

The Fourth and D.C. Circuits split on the permissibility of ACA subsidies
  • Carlton Fields
  • USA
  • July 23 2014

On July 22, 2014, within hours of one another, the United States Fourth Circuit and D.C. Circuit Courts of Appeals issued conflicting rulings as to

Circuit split in enforceability of arbitration clauses in bankruptcy left unresolved
  • Pillsbury
  • USA
  • November 28 2012

In a recent summary opinion, the Supreme Court denied certiorari review of a decision, Continental Insurance Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 671 F.3d 1011 (9th Cir. 2012), where the Ninth Circuit had affirmed a lower court’s decision refusing to enforce an arbitration clause in a settlement agreement between a debtor and an insurer.

Preempting the courts: proposed bill seeks to cut, freeze ACA spending
  • Mintz
  • USA
  • September 30 2011

House Subcommittee Chairman Rehberg (R-MT) unveiled his draft Labor, Health and Human Services, and Education appropriations bill that would cut $2.4 billion from 2011 funding levels, on Thursday.

Another federal judge strikes down the individual mandate under the new health care statute
  • Squire Patton Boggs
  • USA
  • September 16 2011

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.

Cedent contends that US Supreme Court should resolve circuit split concerning whether convention preempts state law precluding arbitration
  • Locke Lord LLP
  • USA
  • October 14 2010

In a case we have been following on www.insurereinsure.com (click here for our most recent post), the Louisiana Safety Association of Timberman-Self Insurers Fund ("LSAT") recently filed a supplemental brief petitioning the U.S. Supreme Court to grant certiorari to address whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "Convention") preempts a Louisiana Statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts.

Tenth Circuit permits discovery of dual role conflict of interest issues in ERISA benefit claims, but with limitations
  • Proskauer Rose LLP
  • USA
  • October 13 2010

In Metropolitan Life Ins. Co. v. Glenn, 128 S. Ct. 2343 (2008), the Supreme Court held that the structural conflict affecting insurance companies that both decide and pay claims for benefits is a factor for courts to weigh in determining whether the insurance company abused its discretion in denying a claim for benefits, but does not modify the arbitrary and capricious standard of review that ordinarily applies to such determinations.

Self-defense is an “accident”?
  • Jorden Burt LLP
  • USA
  • July 28 2009

The Connecticut Supreme Court recently held in Vermont Mut. Ins. Co. v. Walukiewicz, that the term “accident” as used in a liability policy can reasonably be interpreted to include bodily injury caused by acts of self-defense.

Rebekah Kaufman
  • Morrison & Foerster LLP