U.S. Airways v. McCutchen – Traditional Equitable Doctrines Do Not Override The Express Terms Of An ERISA Plan

Read the article by Horace Green.

US-Airways-v-McCutchen-article

The Supreme Court’s opinion in U.S. Airways v. McCutchen, case no. 11-1285, decided April 16, 2013

Read the opinion.

US-Airways-v-McCutchen

The Impact of AMARA: (A) (3) Relief

View the presentation.

Amara

The Patient Protection and Affordable Care Act: Analyzing the Decisions

As of November 2011, four Circuit Courts have issued opinions on the constitutionality of the Patient Protection and Affordable Care Act.

Constitutionality of the ACA Overview and Predictions Presentation

Topics Covered:

  1. What does PPACA do
  2. Relevant Constitutional provisions
  3. Constitutional challenges
  4. How will Supreme Court rule
  5. Recusal issue
  6. Other challenges

Download the Power Point Presentation below.

Constitutionality-of-the-PPACA

Defending Punitive Damage Cases

Defending a punitive damages case is like walking a tight rope over a pool of alligators to grab a pot of gold: rewarding if you are successful, but painful if you fail. Twenty-seven years of trying, winning, and losing punitive damages cases brings a perspective not found in the classroom…

Download the complete article below.

Filed Under: News

Will Health Care Reform Cause Employers to Drop their Employee Health Care Plans?

In the wake of the passage of the Patient Protection and Affordable Care Act and the Health Care Education and Reconciliation Act, several commentators and political observers have suggested that employers will be financially overburdened to the point where they will need to eliminate their employee healthcare plans, thus depriving employees of health coverage and driving up the cost to taxpayers of funding the federally operated insurance exchanges. Several recent events have fueled this speculation:

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Legal v. Factual Disability

Experienced disability litigators know the general rule that disability insurance provides coverage with respect to factual, rather than legal, disabilities.

The Patient Protection and Affordable Care Act: Analyzing the Decisions

As of June 2011, five District Courts and one Circuit Court have issued opinions on the constitutionality of the Patient Protection and Affordable Care Act.

Maurer v Reliance Standard Life Ins. Co.

Read the order from the United States District Court for the Northern District of California attached below.

Order-Granting-Defs-Motion-for-Judgment