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The Courts

January 22, 2019 | Daily News

In a win for the generic drug industry, the Supreme Court unanimously ruled Tuesday (Jan. 22) that secret sales of inventions start the one-year clock to file patents.

January 22, 2019 | Daily News

Federal DC District Judge John Bates is slated to hear oral arguments Thursday (Jan. 24) on the Department of Justice’s motion to dismiss or move to judgment the lawsuit brought by 12 Democratic attorneys general over the Trump administration’s final association health plan (AHP) rule.

January 15, 2019 | Daily News

Attorney General nominee William Barr in his Tuesday (Jan. 15) confirmation hearing told Sen. Kamala Harris (D-CA) that he is open to reconsidering the Department of Justice’s decision to not fully defend the Affordable Care Act against a constitutional challenge from 20 GOP-led states.

January 15, 2019 | Daily News

Several Supreme Court justices expressed skepticism Tuesday (Jan. 15) about CMS’ authority to issue legal interpretations that affect Medicare reimbursements without going through notice-and-comment rulemaking.

January 14, 2019 | Daily News

A Pennsylvania district court judge on Monday (Jan. 14) issued a nationwide injunction blocking the implementation of two Trump administration rules that would loosen the Affordable Care Act’s requirements that employers cover contraceptive services by allowing those employers to claim moral or religious exemptions.

January 11, 2019 | Daily News

The Fifth Circuit Court of Appeals, as expected, granted the Department of Justice’s request to stay proceedings in the high-profile case over the constitutionality of the Affordable Care Act due to the ongoing government shutdown.

January 09, 2019 | Daily News

The Department of Justice is asking a federal appeals court in Texas to pause proceedings in the case over the Affordable Care Act due to the ongoing government shutdown.

January 07, 2019 | Daily News

The Supreme Court on Monday (Jan. 7) heard oral arguments on a drug labeling case over whether drug maker Merck Sharp & Dohme Corp. should be held liable for injury to consumers even after FDA rejected the company’s proposal to include on its drug label warnings about potential fractures that could be caused by the osteoporosis drug Fosamax.

January 07, 2019 | Daily News

The Department of Justice Friday (Jan. 4) filed a motion in Texas district court stating it would appeal Fifth Circuit Judge Reed O’Connor’s ruling that the entire Affordable Care Act is invalid because the individual mandate is no longer constitutional and cannot be severed from the law.

January 07, 2019 | Daily News

The new power split in Washington means much of 2019 will be spent on congressional oversight of the Trump administration’s health care actions, starting with its decision to not fully defend the health law from a constitutional challenge, as well as hearings on potential next steps in transforming the health system but likely little action.

January 07, 2019 | Daily News

The Department of Justice On Friday (Jan. 4), pointing to the ongoing government shutdown, asked a Texas district court to hold off on any briefings on House Democrats’ Thursday (Jan. 3) motion to intervene in the high-profile case over the ACA. DOJ tells the court it opposes the House motion, but will not be able to respond by the Jan. 24 deadline because of the lapse in appropriations.

January 03, 2019 | Daily News

The group of Democratic attorneys general intervening to fully defend the Affordable Care Act from the constitutional challenge have formally appealed Texas U.S. District Judge Reed O’Connor’s controversial decision that, if upheld, would strike the entire law.

January 02, 2019 | Daily News

A federal district court last week rejected the government’s request to pause action on a lawsuit over the final association health plan rule due to the government shutdown, pointing out that the Department of Labor, which is still fully funded, is primarily responsible for compiling the administrative record.

January 02, 2019 | Daily News

A federal judge is asking the state of Maryland and the federal government to comment on whether a Texas district court’s move to officially pause the controversial ruling on the Affordable Care Act has an effect on the state’s related case.

January 02, 2019 | Daily News

The House speaker would have permission to intervene in any court case over the Affordable Care Act, including the high-profile Texas case, under the new rules package Democrats unveiled late Tuesday (Jan. 1).

December 31, 2018 | Daily News

Texas federal district Judge Reed O’ Connor stressed in a Dec. 30 ruling that the 17 Democratic attorneys general who are intervening in the high-profile case over the Affordable Care Act are unlikely to win an appeal either on standing or on the merits, but agreed to formally issue a stay of his earlier ruling that shot down the ACA in order to mitigate confusion.

December 28, 2018 | Daily News

A federal district court judge on Thursday (Dec. 27) sided with hospitals and said CMS overstepped its authority when cutting 340B drug reimbursement by almost 30 percent as part of the 2018 hospital outpatient pay rule, but the judge also asked for more information from both sides on how to proceed and avoid the “havoc” of vacating part of a budget- neutral rule.

December 27, 2018 | Daily News

The 17 Democratic attorneys general intervening in the high-profile case over the Affordable Care Act stress in a brief that all parties agree the recent ruling has no immediate impact and the case should quickly move to the appeal stage, and California AG Xavier Becerra, who is spearheading the fight to defend the law, asked Judge Reed O’Connor to rule on their motion by Jan. 1.

December 27, 2018 | Daily News

The Department of Justice on Wednesday (Dec. 26) asked a federal district court to pause proceedings in the ongoing case over association health plans (AHPs) due to the government shutdown.

December 21, 2018 | Daily News

The Department of Justice agrees with a group of Democratic attorneys general that U.S. District Judge Reed O’Connor should clarify that his controversial ACA ruling is not final -- and thus has no immediate impact -- or should be stayed pending appeal, while the 20 GOP-led states that filed the case say a clarification is not needed and they won’t seek to enforce the order while it is on appeal.

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