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U.S. Supreme Court to Decide Whether Health Care Reform Law Will Stand

Earlier this week the Supreme Court got the ball rolling toward what is expected to be the final showdown on the federal health insurance reform law. The Court agreed to hear several issues that have been litigated in lower courts since the law was enacted. The Court set aside an unprecedented 5 and ½ hours …

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Fifth Circuit Rejects Distinction Between Existence of Coverage and Extent of Coverage in ERISA Preemption Analysis

November 9, 2011—The United States Court of Appeals for the Fifth Circuit issued an opinion yesterday that assures healthcare provider’s viable state law claims against employee benefit plans will not be dismissed based on ERISA preemption. The decision does not signal a major change in the law, but corrects a common misapplication of existing law. …

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