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Entries in Lawsuit (61)

Monday
Jan202014

CEI - Obamacare lawsuit development - Halbig Plaintiffs Move for Expedited Appeal 

Consumer Plans, Billions of Taxpayer Dollars At Stake Due to IRS Mandate

 

Washington, DC, Jan. 17, 2014 – In the wake of a Wednesday court decision upholding the IRS Obamacare mandate, the plaintiffs in Halbig v. Sebelius filed for an expedited appeal in the U.S. Court of Appeals for the D.C. Circuit.

“As this motion for a speedy appeal makes clear, there are compelling reasons for the appeals court act to quickly, because people are making their health insurance plans and billions of taxpayer dollars are now being spent each month in insurance subsidies for policies purchased through federal exchanges,” said Competitive Enterprise Institute General Counsel Sam Kazman. “This massive expenditure runs counter to what the district court itself admitted was ‘the plain meaning’ of the key provision in the Obamacare statute. And just as that court accelerated its handling of the case, the appeals court should similarly expedite this appeal.”

At issue in this case is the IRS regulation extending the law’s premium subsidies and employer mandate to “refusenik” states—the 36 states that decided not to set up their own insurance exchanges. In Wednesday’s ruling, Federal District Court Judge Paul Friedman rejected the plaintiffs’ argument but acknowledged it was supported by a key section in the statute and the plaintiffs’ position was “the more intuitive” position. Judge Friedman based much of his reasoning on he viewed as Congress’s broad goal of reducing health insurance costs—an approach the plaintiffs argue cannot override the language of the statute.

Michael A. Carvin of Jones Day is lead counsel in the case. The Competitive Enterprise Institute is assisting in the lawsuit’s coordination and funding.

> View the Motion to Expedite the appeal.

> For more information about Halbig v. Sebelius, visit www.cei.org/obamacare.

 


CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website, cei.org, and blogs, Globalwarming.org and OpenMarket.org.  Follow CEI on Twitter! Twitter.com/ceidotorg.

Wednesday
Nov062013

ALG's Daily Grind - Obama sends kids to the back of the bus on education

6

Nov. 5, 2013

Obama sends kids to the back of the bus on education
Department of Justice sues Louisiana over school choice program that disproportionately benefits black students, alleges "segregation."

Cartoon: Bernie's lab
Obamacare's true architect is revealed.

New report shows way to end sugar subsidies
The Institute for Policy Innovation notes the sugar trade distorting practices of the Brazilian, Mexican and Thai governments, including subsidizing exports and keeping domestic prices artificially low.  These practices, along with those in more than one hundred countries, create market distortions that no one country can solve by itself.

Zerohedge.com: JP Morgan warns the biggest Risk to the "bull market" is... growth?
JPMorgan: "This summer's taper-talk crisis highlights that a sudden spurt in growth is the biggest risk to asset reflation."

Saturday
Oct262013

CEI Weekly: Legal Challenge to Obamacare Moves Forward

 

 

 

Featured Story: Legal Challenge to Obamacare Moves Forward

 

CEI attorneys have been helping to coordinate a lawsuit challenging a major IRS regulation that is part of the Affordable Care Act. On Monday, a federal district court held a hearing to consider the government's motion to dismiss the case. On Tuesday, the judge announced his ruling: The suit will proceed on an expedited schedule. CEI General Counsel Sam Kazman said, "We've been hoping for a quick ruling since we filed the case, and now it looks like we will get it." Read more here.

— LATEST NEWS & EVENTS —

CEI Podcast

 

October 24, 2013: The Social Cost of Carbon  (Listen here)

 

Like anything else, carbon emissions have both costs and benefits. Marlo Lewis, a Senior Fellow in CEI’s Center for Energy and Environment, discusses a new study finding that the carbon debate has some nuance to it, after all.

Shaping the Debate

 

Football Team's Name Is No Business of Congress or the President (Link)

Lawson Bader's column in Human Events

 

BART's Bogus Ride (Link)

Iain Murray and Marc Scribner's op-ed in The American Spectator

 

A Miscarriage of Science: BPA's Unproven Pregnancy Risk (Link)

Angela Logomasini's op-ed in Forbes

 

The Real Reasons We Have a Public Pensions Crisis (Link)

Caleb Brown's op-ed in The American

 

Judge Allows Suit Challenging Health Law Subsidies (Link)

Sam Kazman's citation in The Wall Street Journal

 

Bombshell: Federal Judge Suddenly Greenlights Lawsuit That Could Stop Obamacare in its Tracks (Link)

Sam Kazman's citation in The Daily Mail

 

Court Lets Case Against Obamacare Proceed (Link)

Sam Kazman's citation in The Hill

 

Dish's Airwaves Play Needs U.S. Buy-In to Pay $5 Billion (Link)

Fred Campbell's citation in Bloomberg

 

Best of the Blogs

 

Alcohol Crimes Decline in Washington After Liquor Sales Privatization (Read on OpenMarket)

By Michelle Minton

 

State Owned Banks Harm Economy and Don't reduce Greenhouse Gas Emissions (Read on GlobalWarming)

By Marlo Lewis

 

Stop Watching Us: End Suspicionless NSA Mass Surveillance (Read on OpenMarket)

By Ryan Radia

 

Public Pensions Are Not Property (Read on WorkplaceChoice)

By Ivan Osorio

 

                      

 

* Support CEI *

 

The Competitive Enterprise Institute’s 26-year record of success is made possible by our over 3,000 supporters. Please be sure to stop by www.cei.org/donate to make a donation today.  Curious about all the possible ways to donate to CEI? Contact Al Canata at acanata@cei.org or 202-331-2280 to find out more. 

Thursday
Sep262013

Freekeenenews - City Sues Robin Hooders AGAIN, Demands Jury Trial, Damages, Attorney’s Fees

City Sues Robin Hooders AGAIN, Demands Jury Trial, Damages, Attorney's Fees

City's new lawsuit tacitly admits that it IS about revenue, contradicting their previous claims.  The "City of Keene" has now filed another lawsuit against the same Robin Hooders (and Pete Eyre, who has never Robin Hooded) in Cheshire "superior" court. This time, they allege the same things as before, that we have cause them damage by "harassing" and "intimidating" their parking enforcers as part of a conspiracy to meddle with their employment contracts. Now, they are seeking monetary damages plus their attorneys' fees (which are not going to be small, given the huge number of hours they have likely already billed on just the first case alone) and are demanding a jury trial! So if it weren't bad enough that they are wasting the court's time with one trial, now they are going to waste even more of the court's time AND the time of a dozen innocent jurors who could be out living their productive lives. If you'll recall back to the first suit, the city manager himself claimed publicly to the Union Leader:
"This is not about revenue. This is not about the city losing any money," - City Manager John A. MacLean
>From the new suit:
37. The City has suffered damages, all within the jurisdictional limits of the Court, for the following: a. Loss of an employee; b. A modified schedule for another employee because of the Defendants' behavior; c. Hiring costs to replace the lost employee; d. Monetary and administrative expenses with regard to counseling and other Human Resource issues; and e. The PEOs' inability to properly perform their employment duties.
Item "e" is another way of them saying "LOST REVENUE".  Looks like the truth has come out.  It IS really all about their lost revenue...and the continued attempt to crush the liberty activists in the area.  The defendants must file appearances and answers in the case within 30 days of being served with the case.  Here is the 2nd lawsuit against Robin Hooders in PDF form, as filed in Cheshire "superior" court on Monday 9/23.

Feel free to get in touch with me if you have questions or would like to interview an activist,
Ian Freeman
Blogger, FreeKeene.com
Saturday
Aug032013

CEI - Adverse District Court Opinion on Dodd-Frank Deeply Flawed, Case Now on Appeal

Dodd-Frank Continues to Impose Economic Hardship

 

Washington, D.C., August 2, 2013 - A federal judge on Thursday dismissed a lawsuit brought by CEI, 11 state attorneys general, and the State National Bank of Big Spring challenging the constitutionality of several sections of the Dodd-Frank financial reform act. The case will now be appealed.

Statement from C. Boyden Gray, lead counsel for plaintiffs in the lawsuit challenging the Dodd-Frank Act:

"The district court's opinion is deeply flawed.  State National Bank of Big Spring is a community bank that has served its community for generations, and it is disturbing that the opinion -- and the government -- ignored the very real harm Dodd-Frank has inflicted on it and the customers who rely on the bank to provide loans for everything from their home to their small business. Specifically, Dodd-Frank's complex new regulatory regime has forced State National Bank, like many other banks, to expend thousands of dollars simply to ensure that they are in compliance with the CFPB's new policies. Furthermore, Dodd-Frank caused the Bank to substantially change several of the services that it traditionally provided customers. Contrary to the government's assertions, and the court's opinion, these costs are not self-inflicted.

"Similarly, the court's decision misconstrues the real and immediate loss of substantive rights that the states have suffered because of Dodd-Frank.  If this decision stands, taxpayers and pension holders across the country will have no guarantee of being treated fairly or made whole in the event of a future financial crisis. Instead, Dodd-Frank creates a "star chamber" procedure that provides states and other creditors with no notice of impending bank "liquidations" until after they have begun, after which Dodd-Frank denies the states meaningful judicial review to protect their rights and their financial investments--including the states' pension funds. We will file a notice of appeal today."

Statement by Sam Kazman, CEI General Counsel:

“Despite the fact that the court was ruling on the government’s motion to dismiss, it repeatedly engaged in factual determinations rather than accepting the plaintiffs’ allegations as correct.  The end result is that while Dodd-Frank continues to impose economic hardship nationwide, the test of its constitutional validity will be delayed.  Hopefully, it won’t be delayed for too long.”

Statement by John Berlau, CEI financial policy expert:

“Judge Ellen Huvelle ruled that community banks have not suffered legally redressable injuries from Dodd-Frank's enshrinement of too-big-to-fail and thousands of pages of rules that cost dollars and man hours. We respectfully disagree,as does much of the American public, and will appeal."

> View the District Court grant of Motion to Dismiss

> Read more about the lawsuit at cei.org/doddfrank