-
Bankruptcy—Voidability Of Underwater Mortgage Liens
Section 506 of the Bankruptcy Code addresses the extent to which a creditor’s claim based on a lien on the debtor’s property is secured. Section 506(a) provides in relevant part that a creditor’s claim is a “secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property”—in […]
-
Cases of Interest to the Business Community
In recent weeks, the Supreme Court has also invited the Solicitor General to file briefs expressing the views of the United States in five cases of interest to the business community: Spokeo, Inc. v. Robins, No. 13-1339: The question presented is whether Congress may confer Article III standing upon a plaintiff who suffers no concrete […]
-
Civil Procedure—Service of Process
Federal Rule of Civil Procedure 4(m) addresses the time limit for service of summonses in civil cases. It provides: “If a defendant is not served within 120 days after the complaint is filed, the court . . . must dismiss the action without prejudice against that defendant or order that service be made within a specified time. […]
-
Affordable Care Act—Availability of Tax Credits
The Patient Protection and Affordable Care Act (ACA) created state-wide health insurance exchanges. Individuals are now generally required to obtain qualifying health insurance coverage or to pay a tax penalty. Low-income individuals who do not qualify for Medicaid are entitled to tax credits to subsidize the purchase of health insurance when they acquire that insurance […]
-
General Interest Case
The Supreme Court also granted review today in a non-business case, Williams-Yulee v. The Florida Bar, No. 13-1499, in which Mayer Brown represents the petitioner. The case will address the question whether a canon of judicial conduct that prohibits candidates for judicial office from personally soliciting campaign funds violates the First Amendment.
-
Employment Discrimination—Reasonable Accommodation of Religious Observance or Practice
Title VII of the Civil Rights Act of 1964 makes it an unlawful employment practice for an employer to discharge or refuse to hire an individual because of the individual’s religious observance or practice unless the employer demonstrates that it is unable to accommodate the practice without undue hardship in the conduct of its business. […]
-
Bankruptcy Code—Professional Fees
Section 330(a) of the Bankruptcy Code grants discretion to bankruptcy judges to award “reasonable compensation for actual, necessary services rendered by” an attorney or other professional employed by the estate. 11 U.S.C. § 330(a)(1). Today, the Supreme Court granted certiorari in Baker Botts L.L.P. v. ASARCO LLC, No. 14-103, to decide whether § 330(a) grants bankruptcy judges […]
-
Medicaid—Private Right of Action—Supremacy Clause
Section 30(A) of the Medicaid Act requires that state Medicaid plans contain procedures to ensure that reimbursement rates for healthcare providers “are consistent with efficiency, economy, and quality of care and are sufficient to enlist enough providers” to meet the need for care and services in the geographic area. 42 U.S.C. § 1396a(a)(30)(A). The statute does […]
-
ERISA—Statute of Limitations
The Employee Retirement Income Security Act (ERISA) permits plan participants to challenge the prudence of actions by plan fiduciaries as long as they do so within six years. Today, the Supreme Court granted certiorari inTibble v. Edison Int’l, No. 13-550, to decide whether plan participants may challenge decisions initially made more than six years before […]
