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Articles by Amy Grossberg
Voters mostly choose to protect abortion access, cannabis status quo
(November 04, 2026) - On Election Day, voters in three states decided to enshrine or retain abortion rights in their constitutions, while Idahoans retained the state's strict abortion ban and Massachusetts voters rejected a proposed repeal of legislation that legalized recreational marijuana. Abortion rights were on the ballot Nov. 3 in Idaho, Missouri, Nevada and Virginia, while voters in Idaho and Massachusetts faced questions on cannabis and other drugs.
SCOTUS preview: How far does Rooker-Feldman reach in health care dispute?
(April 17, 2026) - The U.S. Supreme Court will hear oral argument April 20 on whether the Rooker-Feldman doctrine strips a federal court of jurisdiction over a patient's challenge to a psychiatric consent order that remains subject to further review in state court. The case, T.M. v.
4th Circuit nixes First Amendment-based injunction blocking WV vaccine law
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11th Circuit revives Pepsi worker's race bias, retaliation suit
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State med mal affidavit law does not apply in federal court, SCOTUS says
(January 20, 2026) - The U.S. Supreme Court has ruled that a Delaware law requiring medical malpractice plaintiffs to file an expert affidavit with the complaint is inapplicable in federal court because the Federal Rules of Civil Procedure conflict with and displace it. In a Jan. 20 opinion written by Justice Amy Coney Barrett, the court reversed a 3rd U.S. Circuit Court of Appeals ruling that Harold R. Berk could not pursue his malpractice suit against Dr. Wilson C.
Missouri appeals court keeps block on state abortion bans
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Justices mull whether state med mal affidavit law applies in federal court
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SCOTUS: ACA preventive-care coverage mandates are enforceable
(June 27, 2025) - The U.S. Supreme Court has sided with the federal government in its appeal of a decision blocking the Affordable Care Act's requirement that health insurers fully cover preventive services that a federal task force recommended. Kennedy et al. v. Braidwood Management Inc. et al., No. 24-316, opinion issued (U.S. June 27, 2025).
SCOTUS OKs ACA preventive-care task force and coverage mandates
(June 27, 2025) - The U.S. Supreme Court has sided with the federal government in its appeal of a decision blocking the Affordable Care Act's requirement that health insurers fully cover preventive services, saying the federal task force that specifies the services is constitutional.
SCOTUS closes door on patient challenge to Planned Parenthood defunding
(June 26, 2025) - The U.S. Supreme Court has ruled that a Medicaid recipient cannot file a civil rights suit challenging South Carolina's decision to exclude abortion providers from its Medicaid program. In a 6-3 decision written by Justice Neil M. Gorsuch, the high court held June 26 that Medicaid's "any-qualified-provider" provision does not clearly and unambiguously confer enforceable individual rights, reversing a ruling from the 4th U.S. Circuit Court of Appeals.
SCOTUS: Medicaid recipients cannot sue over Planned Parenthood defunding
(June 26, 2025) - The U.S. Supreme Court has ruled that a South Carolina Medicaid beneficiary did not have the right to file a civil rights suit challenging the state's decision to cut Planned Parenthood from its Medicaid program. In a 6-3 decision written by Justice Neil M.
Split SCOTUS OKs dismissal of retiree's ADA suit over postemployment benefits
(June 23, 2025) - A Florida firefighter on disability retirement is not a "qualified individual" who can sue her former employer under the Americans with Disabilities Act for discrimination over a reduction in postemployment benefits, the U.S. Supreme Court has ruled. In a June 20 opinion written by Justice Neil Gorsuch, the high court affirmed an 11th U.S. Circuit Court of Appeals ruling that said Karyn Stanley cannot sue Sanford, Florida, under the ADA because she is no longer an employee.
Montana's high court nixes bans on abortions after 20 weeks and by telehealth
(June 12, 2025) - The Montana Supreme Court has permanently blocked enforcement of the state's 2021 statutes banning abortions after 20 weeks of gestation and via telehealth, among other restrictions, saying they violate the state constitution's explicit right to privacy and other protections.
SCOTUS: Federal workers need not tie military service to emergency for extra pay
(May 05, 2025) - Federal civilian employees called to active-duty military service during a national emergency should receive additional pay to compensate for a lower salary without having to show the service and the emergency are substantively connected, the U.S. Supreme Court has ruled.
SCOTUS OKs HHS Medicare formula for extra hospital payments for low-income care
(April 30, 2025) - More than 200 hospitals lost their bid for additional Medicare reimbursement for treating high numbers of low-income patients after the U.S. Supreme Court said the Department of Health and Human Services correctly interpreted the statutory method for calculating such payments.
SCOTUS argument: Are ACA preventive-care coverage mandates enforceable?
(April 24, 2025) - The U.S. Supreme Court heard oral argument April 21 in the federal government's appeal of a ruling that blocked the Affordable Care Act's requirement that health insurers fully cover preventive services that a federal task force recommended. Kennedy et al. v. Braidwood Management Inc. et al., No. 24-316, oral argument held, (U.S. Apr. 21, 2025).
Highlights in cannabis-related legal developments as of 4/20
(April 21, 2025) - The federal government's process of reclassifying marijuana as less risky under the Controlled Substances Act appears to be stalled, while voters in four states rejected ballot questions on legalizing recreational marijuana. Here is a roundup of highlights in cannabis-related legal developments in the past year as of April 20, the unofficial marijuana holiday. Reclassification status unclear.
SCOTUS: ERISA imposes low bar for pleading prohibited-transaction claims
(April 17, 2025) - Retirement plan participants can state a viable claim that fiduciaries unlawfully caused the plan to enter a "prohibited transaction" merely by alleging that they engaged an outside service provider, the U.S. Supreme Court has ruled.
SCOTUS reinstates ERISA prohibited-transaction claim against Cornell
(April 17, 2025) - Retirement plan participants need not plead that plan fiduciaries did more than merely engage a service provider to state a viable claim that they unlawfully caused the plan to enter a "prohibited transaction," the U.S. Supreme Court has ruled.
SCOTUS argument: Can Medicaid recipients sue over Planned Parenthood defunding?
(April 07, 2025) - The U.S. Supreme Court heard oral argument April 2 in a dispute over whether a South Carolina Medicaid beneficiary had the right to file a civil rights suit challenging the state's decision to cut Planned Parenthood from its Medicaid program. Medina v. Planned Parenthood South Atlantic et al., No. 23-1275, oral argument held, (U.S. Apr. 2, 2025).
SCOTUS rules voluntary dismissal of age bias case was 'final proceeding'
(February 26, 2025) - The U.S. Supreme Court has unanimously ruled that a plaintiff's voluntary dismissal of a case without prejudice under Federal Rule of Civil Procedure 41(a) is a "final proceeding" from which a federal district court can grant relief under Rule 60(b). Siding with petitioner Gary Waetzig on Feb.
Panel revives FCA suit alleging Acadia Healthcare made up opioid therapy notes
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Justices weigh viability of ERISA prohibited-transaction claim against Cornell
(January 28, 2025) - The U.S. Supreme Court heard oral argument Jan. 22 in a dispute over the standard for pleading that retirement plan fiduciaries violated their legal duties by causing the plan to enter a "prohibited transaction" with a service provider. Cunningham et al. v. Cornell University et al., No. 23-1007, oral argument held, (U.S. Jan. 22, 2025).
SCOTUS nixes heightened standard of proof for FLSA exemptions
(January 21, 2025) - A federal appeals court erred by requiring an employer to prove by clear and convincing evidence that its employees were outside salespeople exempt from the Fair Labor Standards Act's overtime requirements, the U.S. Supreme Court has unanimously ruled. In a Jan. 15 opinion, the high court said the 4th U.S. Circuit Court of Appeals should have applied the preponderance-of-the-evidence standard to determine whether E.M.D. Sales Inc. and its CEO, Elda M.
SCOTUS mulls whether voluntary dismissal of age bias case was 'final proceeding'
(January 17, 2025) - The U.S. Supreme Court heard oral argument Jan. 14 in a dispute over whether a federal district court can reopen a case under Federal Rule of Civil Procedure 60(b) after a plaintiff voluntarily dismissed it without prejudice under Rule 41(a). Waetzig v. Halliburton Energy Services Inc., No. 23-971, oral argument held, (U.S. Jan. 14, 2025).
'Pill mill' doc fails to persuade panel to reverse conviction based on Ruan
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Voters mostly choose increased abortion access, nix recreational pot measures
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Abortion rights on 9 state ballots, pot legalization on 4
(November 04, 2024) - On Election Day, Nov. 5, voters in nine states will consider ballot measures on abortion, while voters in four states will weigh whether to legalize marijuana and those in one state whether to OK psychedelics. Abortion rights are on the ballot in Arizona, Colorado, Florida, Maryland, Missouri, Montana, Nebraska, Nevada and South Dakota.
Feds, Precision Lens settle FCA suit for $12 million, less than 10% of judgment
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Panel: FCA penalties in Medicare fraud case unconstitutionally excessive
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SCOTUS nixes appeals, allowing emergency abortions in Idaho, for now
(June 27, 2024) - The U.S. Supreme Court has declined to rule on the merits of a dispute over whether Idaho can bar abortion under state law even when the procedure is necessary to stabilize a patient's emergency medical condition as federal law requires. Moyle et al. v. United States, No. 23-726; Idaho v. United States, No. 23-727, (U.S. June 27, 2024).
SCOTUS nixes appeal, allowing emergency abortions in Idaho for now
(June 27, 2024) - The U.S. Supreme Court has declined to rule on the merits of a dispute over whether Idaho can bar an abortion under state law even when the procedure is necessary to stabilize a patient's emergency medical condition as federal law requires. Moyle v. United States, No. 23-726; Idaho v. United States, No. 23-727, opinion issued (U.S. June 27, 2024).
U.S. tells 1st Circuit not to require but-for causation in FCA kickback cases
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4-part injunction test applies in NLRB cases, SCOTUS rules in Starbucks case
(June 14, 2024) - Federal courts must evaluate the National Labor Relations Board's requests for preliminary injunctions using the traditional four-part analysis applicable in other cases, the U.S. Supreme Court has ruled, rejecting the agency's argument that a more lenient two-factor test applies.
SCOTUS: Doctors lack standing to sue FDA over increased abortion pill access
(June 13, 2024) - The U.S. Supreme Court has unanimously ruled that anti-abortion physicians and medical groups cannot pursue their lawsuit challenging the Food and Drug Administration's decisions to loosen restrictions on the abortion pill mifepristone in 2016 and 2021. Food & Drug Administration v. Alliance for Hippocratic Medicine, No. 23-235; Danco Laboratories LLC v. Alliance for Hippocratic Medicine, No. 23-236, (U.S. June 13, 2024).
SCOTUS: Doctors lack standing to challenge FDA approval of abortion pill
(June 13, 2024) - The U.S. Supreme Court has unanimously ruled that anti-abortion physicians and medical groups cannot pursue their lawsuit challenging the Food and Drug Administration's decisions to loosen restrictions on the abortion pill mifepristone in 2016 and 2021. Food & Drug Administration v. Alliance for Hippocratic Medicine, No. 23-235; Danco Laboratories LLC v. Alliance for Hippocratic Medicine, No. 23-236, (U.S. June 13, 2024).
SCOTUS: FAA requires courts to stay, not dismiss, suits pending arbitration
(May 20, 2024) - Federal district courts have no discretion under the Federal Arbitration Act to dismiss a lawsuit that is sent to arbitration if a party requests a stay, the U.S. Supreme Court has unanimously ruled. In a May 16 decision, the justices said the text, structure and purpose of Section 3 of the FAA, 9 U.S.C.A. § 3, clearly require federal courts to pause court proceedings when asked to do so.
SCOTUS rules that federal employees' appeal deadline is not jurisdictional
(May 16, 2024) - A federal appeals court improperly dismissed a U.S. Department of Defense employee's challenge to his six-day furlough in 2013 after he missed the 60-day filing deadline, the U.S. Supreme Court has ruled. In a unanimous decision issued May 16, the high court vacated and remanded the U.S. Court of Appeals for the Federal Circuit's ruling that Stuart R.
SCOTUS: Federal employees' deadline to appeal from MSPB isn't jurisdictional
(May 16, 2024) - The U.S. Court of Appeals for the Federal Circuit must revisit a U.S. Department of Defense employee's challenge to his six-day furlough in 2013 even though he missed the 60-day filing deadline, the U.S. Supreme Court has ruled. In a unanimous decision issued May 16, the high court vacated and remanded the appeals court's ruling that Stuart R.
Highlights in cannabis-related legal developments as of 4/20
(April 24, 2024) - The federal government is considering whether to reclassify marijuana as less risky under the Controlled Substances Act, 21 U.S.C.A. § 801, while Minnesota and Ohio legalized recreational marijuana and Florida voters can decide in November whether to do the same. Here is a roundup of highlights in cannabis-related legal developments in the past year as of April 20, the unofficial marijuana holiday. Reclassification recommended.
SCOTUS: VA wrongly denied Army vet full post-9/11 education benefits
(April 17, 2024) - The U.S. Supreme Court has ruled that the Department of Veterans Affairs misinterpreted the law when it refused to pay an Army veteran 12 months of post-9/11 education funds after he switched from a less generous pre-9/11 education benefit program. In a 7-2 ruling written by Justice Ketanji Brown Jackson, the court said James R.
Army vet entitled to full post-9/11 education benefits, SCOTUS rules
(April 16, 2024) - The U.S. Supreme Court has ruled that the Department of Veterans Affairs wrongly denied an Army veteran post-9/11 education funds when he switched from a less generous pre-9/11 education benefit program. In a 7-2 ruling written by Justice Ketanji Brown Jackson, the court said James R. Rudisill separately accrued benefits under both the pre-9/11 and post-9/11 GI Bill educational programs and was entitled to use them in any order up to the 48-month combined benefit statutory cap.
U.S. tells 1st Circuit it need not show but-for causation in FCA kickback cases
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SCOTUS argument: Can doctors sue FDA over abortion pill approval process?
(March 29, 2024) - The U.S. Supreme Court heard oral argument March 26 in the Food and Drug Administration's appeal of a court's decision to stay agency changes that loosened restrictions on the abortion pill mifepristone in 2016 and 2021. Food and Drug Administration v. Alliance for Hippocratic Medicine, No. 23-235; Danco Laboratories LLC v. Alliance for Hippocratic Medicine, No. 23-236, oral argument held (U.S. Mar. 26, 2024).
SCOTUS OKs court review of deportation hardship determinations
(March 22, 2024) - The U.S. Supreme Court has ruled that federal appeals courts can review immigration judges' determinations that deporting a noncitizen would not cause such "unusual hardship" to a family member as to justify letting the person stay in the country. In a 6–3 ruling, the high court said that, based on its decision in Guerrero-Lasprilla v.
2 former telemarketing execs convicted in $190 million health plan scam
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SOX whistleblower need not show 'retaliatory intent,' SCOTUS says
(February 9, 2024) - A former UBS Securities LLC employee did not have to show "retaliatory intent" to prevail on his Sarbanes-Oxley Act whistleblower claim against the firm, the U.S. Supreme Court has ruled, tossing a 2nd U.S. Circuit Court of Appeals decision. In a unanimous Feb.
Illinois high court OKs grouping local first responder pension assets
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Indiana health system to pay $345 million to end feds' FCA suit
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SCOTUS to decide whether U.S. employees' appeal deadline is jurisdictional
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