5th Circ.\'s ACA Punt Gets Lambasted At Supreme Court

Create: 2020-01-16
Update: 2020-01-16
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The Fifth Circuit on Wednesday came under withering fire from health care trade groups and bipartisan economic scholars at the U.S. Supreme Court for ducking a decision on the Affordable Care Act's constitutionality.
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Thursday, January 16, 2020 Follow Law360

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5th Circ.'s ACA Punt Gets Lambasted At Supreme Court

The Fifth Circuit on Wednesday came under withering fire from health care trade groups and bipartisan economic scholars at the U.S. Supreme Court for ducking a decision on the Affordable Care Act's constitutionality.

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Maine's Tribes Push To Restore Authority Over Lands

A task force of Native American and state leaders has handed recommendations to the Maine Legislature’s Judiciary Committee in a bid to give tribes greater decision-making powers over key issues such as gambling and fishing rights on Indian lands, according to local news reports.

Report attached | Read full article »

Tribe Seeks Confirmation It Signed 1855 Hunting Rights Treaty

The Snoqualmie Indian Tribe has asked a Washington federal judge to affirm it's a signatory to an 1855 treaty that gives tribes the right to use hunting and fishing grounds off-reservation after the state said last year the tribe hadn't signed the treaty.

Motion attached | Read full article »

POLICY & REGULATION

New Data Shows 100B Opioid Pills Flooded U.S. Over 9 Years

Data previously available only to federal agencies shows that opioid industry distributors and pharmacies unleashed 100 billion pain pills across the country during a nine-year span, plaintiffs lawyers in the massive opioid multidistrict litigation said Wednesday.

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LITIGATION

NJ Assoc. Says Tribe Can't Now Allege Conspiracy In Fed Suit

A New Jersey homeowners association told a federal judge that the Ramapough Lenape Nation's failure to raise conspiracy claims in prior state court cases over alleged efforts to bar the tribe from conducting religious ceremonies on its land means it can't bring them in its federal lawsuit.

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EXPERT ANALYSIS

A Wide Range Of Legal Priorities For Tribes In 2020

This year, Indian Country faces a number of critical policy and legal issues that must be addressed to protect tribal sovereignty, with key developments to watch for in all three branches of government, say attorneys at Akin Gump.

Read full article »

LEGAL INDUSTRY

Former Boies Schiller Lawyers Open 15-Atty Litigation Firm

Three Boies Schiller Flexner LLP lawyers are bringing together colleagues from their former employer and three other firms to launch a 15-attorney litigation shop with locations in New York and Miami, the latest in a series of recent departures from the legal powerhouse.

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Michael Avenatti To Stay In Jail Ahead Of Embezzlement Trial

A California federal judge on Wednesday remanded Michael Avenatti to federal custody after finding probable cause that the embattled attorney committed mail and wire fraud while awaiting trial on criminal charges that he embezzled client funds to pay his own debts.

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5th Circ. Calls Gender Pronoun Orders A 'Quixotic' Task

Granting requests from transgender litigants to change court records to reflect their preferred names and pronouns would be a "quixotic undertaking" that could call into question judges' impartiality, a divided Fifth Circuit said Wednesday.

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Roberts Wonders If Workers Can Sue Over 'OK, Boomer'

Chief Justice John Roberts suggested in court Wednesday that an attorney's position would allow older workers to sue over use of the popular internet put-down "OK, Boomer," indicating he didn’t want an anti-age discrimination statute to be “really just a regulation of speech in the workplace.”

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BakerHostetler Employment Pro Named To Texas Bench

President Donald Trump on Wednesday nominated the leader of BakerHostetler's employment practice in Houston to a lifetime seat on the U.S. District Court for the Southern District of Texas.

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2 BigLaw Alums Among Reps. Prosecuting Trump In Senate

Two BigLaw veterans and a former federal prosecutor are among the seven impeachment managers appointed Wednesday to act as prosecutors in the coming Senate trial of President Donald Trump on House-approved charges of abuse of power and obstruction of Congress.

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Calif., DC Bar Groups Tapped For Mental Health Study

Bar associations in California and D.C. will be participating in a confidential research project that aims to uncover what is driving the legal industry’s mental health and substance abuse issues.

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Reed Smith Internal Task Force Will Address Mental Health

Reed Smith LLP on Wednesday announced a new mental health task force that will, among other things, examine the firm's current offerings for addressing mental health and substance use and try to tackle the stigma around them.

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Longest-Serving Calif. Justice To Step Down

California Supreme Court Justice Ming W. Chin, the longest-serving of the seven current members of the state's high court and its first Chinese American judge, will retire at the end of August, the Golden State court system announced Wednesday.

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Dentons Sees No Deal On Horizon In Guinea Fee Fight

Dentons told a D.C. federal judge Tuesday that the firm is not close to reaching a settlement with the Republic of Guinea in a fight over an unpaid $10 million legal bill, despite assertions to the contrary from the defense.

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Profane Atty Says 'Sorry' In Allstate Sanctions Fight

A Culver City, California, attorney who sent threatening, profanity-laced emails to Allstate's counsel during an insurance coverage suit has reiterated his apologies to the court and told the court that Allstate has submitted an inflated cost and fees estimate in its sanctions request, calling the motion "excessive and unnecessary."

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Law Firm Leaders: McCarter & English's Joseph Boccassini

Joseph Boccassini has served as managing partner of McCarter & English since 2016 and was recently appointed for a second five-year term. Here, Boccassini chats with Law360 about his goals for the 185-year-old law firm and how he approaches his job as a law firm leader.

Read full article »

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