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Class Action Challenges Federal Health Care
Health Care | 2010/09/03 20:34

The federal government lacks the authority to force Americans to buy health insurance, a class action claimed Tuesday in Federal Court.

People V. Us, Independent American Party of Nevada, the Nevada Eagle Forum and several individuals claim in a 55-page lawsuit that "the United States Constitution gives Congress no legal authority to, and the Bill of Rights disarms the federal government of, any power to compel citizens who have not purchased, and do not wish to purchase, health insurance."

They say the Patient Protection and Affordable Care Act, signed into law by President Obama in March, "exceeds the powers of the United States," and that "Congress has no enumerated power ... to compel plaintiffs herein to purchase with after-tax dollar a particular product, here health insurance."


They also say the law violates their right to privacy because it forces Americans "against their will, and without legal authority, to divulge highly personal and confidential information," through the likely creation of a database that will store health care information.


They also say the law doubles as involuntary servitude "because it involuntarily creates a debt and coerces plaintiffs herein to work off the debt by threat of legal sanction." They also claim the law is tantamount to a federally sponsored religion by "promoting and compelling participation in the secular religion of Socialism."

Plaintiffs want the courts to determine the law unconstitutional, and to ban its enforcement.



Health insurers: Mass. illegally denied rate hike
Health Care | 2010/04/08 10:30

Leading Massachusetts health insurers and state regulators squared off in court Thursday in their dispute about acceptable health insurance premiums for a pivotal sector of the local economy: small-business owners.

The insurers argued the state's decision last week to reject nearly all of their proposed 2010 premium increases will cause "destabilizing" losses for them. The state said the insurers fundamentally misunderstand both the rate rejection and the way to resolve their dispute.

During a two-hour hearing in Suffolk Superior Court, an attorney for Blue Cross Blue Shield of Massachusetts and five members of the Massachusetts Association of Health Plans asked Judge Stephen Neel to issue a temporary injunction overruling the state's decision.

Attorney Dean Richlin also asked that the companies be allowed to collect the new premiums they had proposed be effective April 1 while a trial is held on the matter.

He said that requiring them to collect premiums at April 2009 rates, as he contended the state has ordered them to do, was "grossly unsound" and would create losses of more than $100 million in the next eight months.

"These are losses that will quickly mount up, and for some number of companies, the immediate losses will be destabilizing," Richlin said.



Senate on health bill's final chapter, maybe
Health Care | 2010/03/24 08:07
The No. 2 Senate Democrat accused Republicans Wednesday of refusing to accept the finality of health care changes, a day after President Barack Obama signed the most sweeping medical system remake since Medicare.

"This is a political exercise for too many on the other side of the aisle," said Sen. Dick Durbin. "We're going to tell our people back home, 'It's time to govern. It's time to lead.' "

Durbin appeared Wednesday on a nationally broadcast interview show with South Carolina's Jim DeMint, who had said last year he believed the health care overhaul would turn out to Obama's "Waterloo."

"America doesn't want a broken presidency," countered Durbin, D-Ill.

DeMint did not back down, saying "Americans are very angry," not only with the substance of the sweeping health care bill Obama signed into law Tuesday, but also with the process Democrats used to muscle it through Congress.

The pair swapped barbs on NBC's "Today" show as the Senate entered a second day of debate on a package of fixes to the new health law. These legislative adjustments were demanded by House Democrats as their price for passing the mammoth overhaul legislation that will extend coverage to 32 million uninsured Americans over the next decade.



Barack Obama signs landmark US healthcare bill into law
Health Care | 2010/03/23 10:00

With the stroke of President Obama’s pen, his health care overhaul — the most sweeping social legislation enacted in decades — became law on Tuesday.

Mr. Obama affixed his curlicue signature, almost letter by letter, to the measure, the Affordable Health Care for America Act, during a ceremony in the East Room of the White House, surrounded by House Speaker Nancy Pelosi, Senate Democratic Leader Harry Reid and a raft of other lawmakers who spent the past year on a legislative roller-coaster ride trying to pass it. Aides said he would pass out the 20 pens he used as mementoes.

The ceremony included two special guests: Vicki Kennedy, the widow of the late Senator Edward M. Kennedy of Massachusetts, who had been a driving force for health care legislation before his death last year, and Connie Anderson, the sister of Natoma Canfield, the Ohio cancer survivor whose struggle to pay skyrocketing health insurance premiums became a touchstone of Mr. Obama’s campaign to overhaul the system.

Mr. Kennedy’s son, Representative Patrick Kennedy of Rhode Island, was also there, carrying a gift for the president: a copy of a bill his father introduced in 1970 to provide national health insurance. On it, the younger Mr. Kennedy had written a personal message to Mr. Obama.



Obama optimistic on weekend healthcare vote
Health Care | 2010/03/19 09:29

President Barack Obama said on Friday he expected a tough vote this weekend, but Democrats were poised to make history when the House of Representatives votes on his healthcare overhaul bill.

"Right now we are at the point where we are going to do something historic this weekend," Obama told a raucous audience at George Mason University, as Democratic congressional leaders scrambled to round up support for the plan to revamp the $2.5 trillion medical industry.

"If this vote fails, the insurance industry will continue to run amok. They will continue to deny people coverage. They will continue to deny people care. They will continue to jack up premiums 40 percent or 50 percent or 60 percent as they have in the last few weeks," he told the rally.

"That's why they're pouring millions of dollars into negative ads. That's why they're doing everything they can to kill this bill," Obama said in a fiery speech.

"The time for reform is now," he said.

After more than a year of intense debate, the House is expected to vote on Sunday on the sweeping healthcare overhaul, intended to extend insurance coverage to 32 million uninsured Americans.

The bill has faced solid Republican opposition, and Obama and his fellow Democrats were struggling to ensure enough votes from Democrats, who hold a majority of seats in both houses of Congress, to ensure its passage.



Obama says healthcare bill would cut U.S. deficit
Health Care | 2010/03/18 09:29
President Barack Obama said on Thursday a report on his proposed legislation to overhaul the healthcare system showed it would reduce the nation's budget deficit over the long term.

House Democrats are pushing to the brink of passage a landmark, $940 billion health care overhaul bill that would simultaneously deliver on President Barack Obama's promise to expand coverage while slashing the deficit, a strategy aimed at attracting support from the party's fiscal conservatives.

The 10-year plan would provide coverage to more than 30 million people now uninsured through a combination of tax credits for middle class households and an expansion of the Medicaid program for low income people. Release of the legislation later Thursday sets the stage for a House vote on Sunday.

It would restructure one-sixth of the U.S. economy in the biggest expansion of the social safety net since Medicare was created in 1965. It would also impose new obligations on individuals and businesses, requiring for the first time that most Americans carry health insurance and penalizing medium-sized and large companies that don't provide coverage for their workers.

Hospitals and doctors, drug companies and insurers would gain millions of new paying customers, but they would also have to adjust to major changes. Medicare cuts would force hospitals to operate more efficiently or risk going out of business. Insurance companies would face unprecendented federal regulation. Health care industries would be hit with new federal taxes. Upper-income households would face a new tax on investment earnings.



Man deemed unruly pulled from transatlantic flight
Health Care | 2009/11/17 09:34

A Scottish man is facing charges after the Philadelphia-to-London flight he was on made an unscheduled stop in Boston because he was allegedly being belligerent and disruptive.

A spokesman for Logan International Airport says John Alexander Murray of Glasgow was arrested shortly after US Airways Flight 728 landed at around 11 p.m. Monday. The plane departed for London two hours later.

Prosecutors say the 50-year-old Murray was blocking the aisle with his arm, which was in a splint. They say he would not move his arm, despite several requests from the crew, and demanded to be taken back to Philadelphia.

He is scheduled to be arraigned Tuesday in East Boston District Court on a charge of interfering with a flight crew.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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