by Brian Wolfman Some parts of the Affordable Care Act are already in place, such as the requirement that uninsured kids up to age 26 be offered insurance on their parents' health insurane policies. But key provisions of the Affordable Care Act, including the so-called individual mandate, don't go into effect until January 2014. The […]
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As many of our readers know, there's controversy over whether third parties (that is, non-lawyers and non-clients) should fund large, complex litigation. Two new articles address the question, in part asking whether outside funding benefits plaintiffs, particularly in class and other representative litigation. First, there's "Litigation Finance: What Do Judges Need to Know?" by law […]
by Brian Wolfman Yesterday, we told you about federal judge Richard Leon's ruling invalidating the Federal Reserve's rule on debit card swipe fees. As explained in this article by Katerina Sokou, if Judge Leon's decision holds, swipe fees likely will drop substantially, which should benefit consumers in the form of lower retail prices. Lower swipe fees […]
Go here to see the decision of Judge Richard Leon of the U.S. district court in D.C. Here's the first paragraph of the lengthy ruling: Plaintiffs NACS (formerly, the National Association of Convenience Stores), National Retail Federation ("NRF"), Food Marketing Institute ("FMI"), Miller Oil Co., Inc. ("Miller"), Boscov's Department Store, LLC ("Boscov's) and National Restaurant […]
The New York Times reports today that the City of Richmond, California is considering using eminent domain to buy mortgages and reduce homeowner debt. The banks don't like the idea. The article explains: [R]oughly half of all homeowners with mortgages in Richmond are underwater, meaning they owe more — in some cases three or four […]
In this New Republic essay, lawyer Si Lazarus explains that "radical libertarian anti-government ideas" previously "confined to law reviews" "could readily be ratcheted up [in coming Supreme Court terms] to forge a new constitutional regime inimical to modern economic protection."
Economic recovery? AP reporter Hope Yen has issued this report, based on data sometimes overlooked by the government, which maintains that the likelihood that someone in the U.S. will live in poverty in his or her lifetime is on the rise. Some excerpts: Four out of 5 U.S. adults struggle with joblessness, near-poverty or reliance […]
The introductory paragraphs of the Third Circuit's opinion in Conestoga Wood Specialties Corp. v. HHS sum it up: A Mennonite-owned wood-manufacturing business and the family that owns it allege that regulations promulgated by the Department of Health and Human Services, which require group health plans and health insurance issuers to provide coverage for contraceptives, violate […]
A clear and forceful explanation from Emily Bazelon of what's at stake in the fight over class actions. Pass it on. (We've previously discussed one aspect of the Whirlpool case here.) UPDATE: We previously discussed other aspects of the Whirlpool case here, including some of those addressed by Bazelon as well an absurd argument advanced […]