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ERISA Pundit™ is a forum for the free exchange of information for educational purposes only for lawyers interested in ERISA and insurance law. Nothing posted on this website is legal advice nor should it be interpreted as legal advice in any circumstance. All posts reflect the personal views of the person posting only. By using this blog, you understand that there is no attorney client relationship between you and the person posting, the site publisher, Smith, von Schleicher + Associates, or the ERISA Pundit himself. This blog and website should not be used as a substitute for legal advice from a licensed professional attorney in your state.
Author Archives: Warren
STOLI Policies Void as Prohibited Wagers on Human Life
Pundit Newswire: Ohio National Life Assurance Corporation v. Douglas Davis, Paul Morady, Mavash Morady, et al. (N.D. Ill.). In two separate opinions, the district court in the Northern District of Illinois declared void ab initio … Continue reading
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Mr. Pundit Goes to Washington (and Testifies before the Dept of Labor)
Pundit Newswire: The ERISA Pundit testified on August 28, 2012 before the Department of Labor’s ERISA Advisory Council. Although the Pundit’s oral testimony is not publicly available, the Department of Labor has released the Pundit’s written statement here. The mood … Continue reading
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Federal Gov’t Coerces Everyone To Buy Health Insurance – And It’s Constitutional
The Pundit is concerned that the federal government’s taxing power can be exerted as a coercive mechanism to enforce the government’s view of social welfare. At least the Supreme Court preserved our freedom to refuse to purchase broccoli health insurance. … Continue reading
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Tagged ACA, ACA Supreme Court, Affordable Care Act, affordable care act supreme court, commerce clause, federalism, health insurance, individual mandate, supreme court, tax power
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Supreme Court Transcripts: Oral Argument on Federal Coercion and Severability of Individual Mandate
Pundit News On March 28, 2012, the marathon 6 hour Supreme Court debate on the constitutionality of ObamaCare concluded with oral argument on federal coercion and the severability of the individual mandate from the Affordable Care Act. The debate focuses … Continue reading
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Federal Jurisdiction “Clarification” Act signed by Obama
Pundit News On December 7, 2011, President Obama signed into law the Federal Jurisdiction and Venue Clarification Act. One of the provisions requires that federal courts, in removed cases based on federal question jurisdiction, sever and remand to state court … Continue reading
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Supreme Court to Rule on the Constitutionality of ObamaCare
Pundit News The Supreme Court has set aside 5 1/2 hours for oral argument on the constitutionality of President Obama’s health care act, passed last March. But the health care act might not be subject to challenge at all. Although … Continue reading
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Justice Alito laments the decline of judicial craftsmanship
Justice Samuel Alito, in a recent speech at Rutgers School of Law (Newark), lamenting the decline of craftsmanship in judicial opinions. “If Learned Hand’s opinions are like the products of a bespoke tailor, the opinions coming out of the Ninth … Continue reading
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Is there a Future for Retirement?
An article by Stephen Blakely “Is There a Future for Retirement?” is available for download on SSRN. Here is the article’s abstract: This paper summarizes the presentations and discussions at the Employee Benefit Research Institute’s May 12, 2011, policy forum, … Continue reading
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Tagged 401(k), 401(k) plan, 401(k) plans, ERISA, pension, retirement, retirement plan
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26 States Petition the Supreme Court to overturn Medicare expansion of health care reform
Pundit News The Patient Protection and Affordable Care Act affects virtually every American. The Act dramatically expands federal regulation of health care and private health insurance industries. The Act mandates health coverage for virtually everyone, and imposes a monetary sanction … Continue reading
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Tagged health care, health care reform, Medicare, Obama care, patient protection and affordable care act, private mandate
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What have the Romans Ever Done for Us?
The Pundit is dismayed by the number of colleges that have cut their programs in classical studies, the backbone of a “university” education and a free-thinking society. Virgil and Homer are offered only in English translation, and the “doors of … Continue reading
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