News & Updates

Summary: U.S. District Judge Reed O’Connor recent ruling striking down the Affordable Care Act as unconstitutional must first pass the U.S. Court of Appeals for the 5th Circuit before reaching the Supreme Court. Liberal and Conservative legal scholars are skeptical of the ruling, but still warn those dismissing the ruling to not underestimate the challenge. The Wall Street Journal editorial board compares O’Connor’s ruling to the liberal Ninth Circuit, saying that “Millions of people now rely on ObamaCare’s subsidies and rules, which argues against judges repealing the law by fiat.” The board is referencing the fact that O’Connor ruled that the decision by Republican-led Congress to eliminate the tax penalty for not complying with the ACA leaves it without a legal leg to stand on; in short, the entire act must fall.

Many do not expect the ruling to survive the 5th Circuit U.S. Court of Appeals, even though it is one of the nation’s most conservative appeals courts.  Read more here.

The staff at D.S. Erickson & Associates, PLLC donated their time early in 2018 to help Feed my Starving Children.  The staff packed meals for the organization at its Minneapolis, MN organization 

The United States Justice Department has sued to block the merger of Aetna and Humana, as well as Anthem and Cigna.  Read the story here.  

A California hospital has sued UnitedHealth Group, Inc. and its subsidiaries, alleging that the insurer wrongfully denied claims for health care services that were covered under patients' ERISA health care plans.  Read the story here.

The United States Supreme Court heard oral arguments in a case in which once again the issue is whether a Plaintiff has standing to sue when they have suffered no "actual" harm.  The case may have major implications for many federal statutes, including the FCRA and FDCPA, where congress provides for a damages provisions based solely on a violation of the statute and not on actual harm caused to an individual.  Read the article here.  

D.S. Erickson & Associates proactively represents businesses in commercial disputes, as well as entity formation, contracts and other transactional matters. The insurance litigation practice is a unique and distinct practice committed to assisting healthcare providers in contract claim disputes involving health insurance organizations. The creditor rights (collection law) practice is dedicated to the professional, efficient and effective recovery of client receivables. The will, trust and estate practice offers clients personal, thoughtful and thorough representation in planning for loved ones.