Ken Strickland-Garcia

Articles by this author

Michigan Federal Court Denies United Healthcare Preemption Bid in Pricing Case

On Thursday, in the Eastern District of Michigan, Judge Stephen J. Murphy denied United Healthcare a motion to dismiss an action on grounds of preemption brought against the defendant by a group of hospitals...

Court Rules Ousted Tennessee Legislator has Entitlement to Health Insurance

On Wednesday, in the Middle District of Tennessee, Judge Aleta A. Trauger ruled that ex-Congressman Jeremy Durham of the Tennessee House of Representatives possessed a “statutorily created entitlement to life-time health insurance for retired...

EEOC Issues Guidance Regarding Whether an Employer Can Mandate Employee Vaccination

On Wednesday, the Equal Employment Opportunity Commission (EEOC) issued guidance regarding whether an employer may mandate that employees receive a COVID-19 vaccination, including employees with disabilities and those with objections to the vaccination due...

Ninth Circuit Grants Injunction in COVID-19 Occupancy Case, Says Restriction Not Narrowly Tailored

On Tuesday, in the Ninth Circuit, an appellate panel, in an opinion authored by Judge Milan D. Smith, ruled that recent Supreme Court precedent mandated that public health restrictions during the COVID-19 pandemic involving...

Court Mandates that Review of Denial of Benefit Claims Under ERISA Use Deferential “Abuse of Discretion” Standard

On Tuesday, in the District of Minnesota, District Judge Paul A. Magnuson ruled that the Employment Retirement Income Security Act (ERISA), not state laws, dictated the standard of review for denial of benefits for...

NY Court Denies Injunction for COVID Data Under Biosurveillance Law

On Friday, in the Southern District of New York, Judge Victor Marrero ruled that a federal law mandating that the Department of Health and Human Services issue data on biosurveillance — efforts to gather data...