Appeals in Brief
The Supreme Court Health Insurance Precedent No One Is Talking About
It turns out that the case challenging the ACA's individual mandate isn't the first time the Supreme Court has been confronted with questions about the interplay of the health insurance and health care markets. The previous case, called Blue Shield of Virginia v....
Litigation Lessons From the 9th Circuit’s Decision in Perry v. Brown
I may be the only person in the world who is more interested in the 9th Circuit's decision in Perry v. Brown, (the much publicized suit over the constitutionality of California's Proposition 8) for its lessons in advocacy than for its political issues. I see this case...
11th Circuit Elevates Individual Circumstances Over Categorical Rules in Assessing Union-Employer Cooperation Agreements
Appellate courts often struggle with the tension between allowing for consideration of the individual circumstances of each case and establishing clear dividing lines between conduct that violates the law and conduct that does not. Courts have assigned varying amounts...
Home Away From Home: 11th Circuit Finds Care by Facility Staff Is Covered “Home Healthcare”
The 11th Circuit is back in full swing releasing opinions after a brief hiatus during the holiday season. Among the decisions handed down last week was Storcher v. Guarantee Trust Life Insurance Company, a decision on insurance coverage under a home health care...
‘Tis the Season for Antitrust
Despite the annual slow down in appellate courts (as in the rest of the world) at this time of year, December 2011 has seen a spate of major antitrust decisions being handed down. As I know from experience, antitrust cases are about as complex as it comes, and as a...
Florida’s 3rd DCA Weighs in on PIP Reimbursement Limits After All
It looks like I spoke too soon. Not long after I wrote that the 3rd DCA would not be offering its view on when auto insurers may take advantage of the 2008 amendments to Florida's No Fault Law to limit personal injury protection reimbursements, declining to answer...
Subsequent Developments Leave Kingsway Amigo v. Ocean Health Intact, For Now
I'd be surprised if any 2011 decision of Florida's appellate courts has drawn more attention in legal, medical, and insurance professional circles than the Fourth District Court of Appeal's decision in May (covered in this post) in Kingsway Amigo Insurance Company v....
Heightened Fiduciary Duties? Making Gifts From Trust Principal During Settlor’s Lifetime Exposes Personal Representative & Corporate Trustee to Liability
In its second look at the dispute in Siegel v. JP Morgan Chase Bank, No. 4D09-699 (released on October 19, 2011) Florida's Fourth District Court of Appeal gave personal representatives and corporate trustees plenty of reason to be cautious about invading the principal...
Sorting Out Major Changes to the Florida Probate Code and Corresponding Rules
The Florida Supreme Court has acted quickly in response to the Florida Legislature's June 2011 amendments to Florida's Probate Code, which include some major departures from existing law. Because the Code amendments also became effective as soon as the Governor...