|
|
|
AG Gansler won't appeal Fair Share Health Care case
Legal Business |
2007/04/18 09:13
|
| Maryland Attorney General Douglas F. Gansler said Tuesday that Maryland will not challenge a decision by the US Court of Appeals for the Fourth Circuit holding that the federal Employee Retirement Income Security Act (ERISA) preempts the Maryland Fair Share Health Care Fund Act. The act was part of a state attempt to force Wal-Mart to contribute more for employee health care. In a 2-1 ruling in January, the court upheld a district court ruling which determined that the Maryland law violates ERISA by not allowing Wal-Mart to create a uniform employee health benefit program nationwide. Maryland is now planning to look to other states as models, such as Massachusetts. The Massachusetts health care plan includes a private insurance exchange and requires that businesses help pay for the system. The Maryland law would have required companies with more than 10,000 employees to spend at least eight percent on employee health care, or pay the difference of that amount into the state Medicaid fund. The Retail Industry Leaders Association (RILA), of which Wal-Mart is a member, filed a challenge to the health care law last year, arguing that the law is preempted by the federal ERISA, and that the law violates the equal protection clause of the constitution. |
|
|
|
|
|
|
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. |
Law Firm Directory
|
|
Legal News RSS Feed
