MedWorm provides a medical RSS filtering service. Over 6000 RSS medical sources are combined and output via different filters. This feed contains the latest medical blog items that have been tagged with 'appeals'. Sat, 03 Sep 2011 02:44:53 +0100 http://www.medworm.com/index.php?rid=5125681&cid=t_242040_83_f&fid=34856&url=http%3A%2F%2Finsidesurgery.com%2F2011%2F08%2Fcourt-appeals-strikes-individual-mandate-obamacare%2F In a 2-1 decision, the 11th Circuit Appeals Court has ruled against the provision in the Affordable Care Act requiring Americans to buy health insurance. (Source: Inside Surgery) Inside Surgery blogs http://www.medworm.com/rss/comments.php?id=5125681 Sat, 13 Aug 2011 05:00:46 +0100 5125681 http://www.medworm.com/index.php?rid=4118897&cid=t_242040_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FL3TRisx-TMU%2F By Ilya ShapiroFive years ago, in the landmark property rights case of Kelo v. New London, the Supreme Court upheld the forced transfer of land from various homeowners by finding that “economic development” qualifies as a public purpose for purposes of satisfying the Fifth Amendment’s Takings Clause.  In doing so, however, the Court reaffirmed that the government may not “take property under the mere pretext of a public purpose, when its actual purpose was to bestow a private benefit.” State and federal courts have since applied that pretext standard in widely differing ways while identifying four factors as indicators of pretext: evidence of pretextual intent, benefits that flow predominantly to a private party, haphazard planning, and a readily identifiable beneficiary.  More... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=4118897 Wed, 27 Oct 2010 17:47:46 +0100 4118897 http://www.medworm.com/index.php?rid=4001673&cid=t_242040_83_f&fid=34856&url=http%3A%2F%2Finsidesurgery.com%2F2010%2F09%2Furologist-dr-jorge-leal-loses-appeal-attempt-remove-entry-national-practitioner-databank%2F Florida urologist Jorge Leal lost his appeal when the 11th Circuit Court of Appeals ruled against him in his attempt to remove an entry that was placed into the National Practitioner Databank by a hospital because it did not approve of his behavior and demeanor. (Source: Inside Surgery) Inside Surgery blogs http://www.medworm.com/rss/comments.php?id=4001673 Sun, 26 Sep 2010 02:13:56 +0100 4001673 http://www.medworm.com/index.php?rid=3695546&cid=t_242040_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FBlRmg0G3pq8%2F By Roger PilonSad to say, but as expected, New York State’s highest court, the New York Court of Appeals, has just upheld yet another gross abuse of the state’s power of eminent domain, exercised by the Empire State Development Corporation on behalf of my undergraduate alma mater, Columbia University, against two small family-owned businesses, one of them owned by Indian immigrants. Details can be found in the press release just issued by the Institute for Justice, which filed an amicus brief in the case and has been in the forefront of those defending against such abuse across the country. IJ has had success in obtaining eminent domain reform in over 40 states, but New York remains a backwater, where collusion between well-connected private entities and government is rampant, and the ... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3695546 Thu, 24 Jun 2010 20:36:46 +0100 3695546 http://www.medworm.com/index.php?rid=3687068&cid=t_242040_87_f&fid=36050&url=http%3A%2F%2Fblisstree.com%2Flive%2F184511%2F Obama To Appeal Drilling Ruling: After the New Orleans federal courts denied a six-month moratorium on deep-water drilling, the Obama administration promised to appeal it. (Huffington Post) Post from: BlissTree (Source: Breastfeeding 1-2-3) Breastfeeding 1-2-3 blogs http://www.medworm.com/rss/comments.php?id=3687068 Tue, 22 Jun 2010 18:45:30 +0100 3687068 http://www.medworm.com/index.php?rid=3577626&cid=t_242040_150_f&fid=35777&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FPharmalot%2F%7E3%2Fh_IpIo82H4Y%2F A federal appeals court last month may have upheld the legality of pay-for-delay deals that thwart the introduction of generics, but the issue isn’t dead yet. A group of consumers, union health and welfare funds, which have been certified as a class, are asking a California appeals court to review the same set of circumstances involving Bayer, Barr Pharmaceuticals and the Cipro antibiotic. At issue in both cases is a deal in which Bayer paid Barr, now owed by Teva Pharmaceuticals, to drop its 1991 patent challenge to Cipro. In 1997, Barr struck a deal with Bayer just two weeks before a lawsuit was set to go to trial, delaying the entrance of a generic version. The US Second Circuirt Court of Appeals ruled the deal was kosher (see here), although the Federal Trade Commission continues... Pharmalot blogs http://www.medworm.com/rss/comments.php?id=3577626 Wed, 19 May 2010 12:11:47 +0100 3577626 http://www.medworm.com/index.php?rid=3456669&cid=t_242040_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FnkONjUE--qc%2F By Timothy B. LeeI’m saddened to hear of the retirement of Justice John Paul Stevens. Whatever you might say about his jurisprudence in other areas, one place where Justice Stevens really shined was in his defense of high-tech freedom. Justice Stevens wrote the majority opinion in some of the most important high-tech cases of the last four decades. In other cases, he wrote important (and in some cases prescient) dissents. Through it all, he was a consistent voice for freedom of expression and the freedom to innovate. His accomplishments include: Free speech: Justice Stevens wrote the majority decision in ACLU v. Reno, the decision that struck down the infamous Communications Decency Act and clearly established that the First Amendment applies to the Internet. In the 13 years since t... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3456669 Fri, 09 Apr 2010 20:57:19 +0100 3456669 http://www.medworm.com/index.php?rid=3403867&cid=t_242040_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2F3rgqfOGlbdM%2F By Chris Moody Idea of the day: Repeal the 16th Amendment, which  gives Congress the power to lay and collect taxes. Replace it with an amendment that requires each state to remit to the federal government a certain percent of its tax revenue. Economist Richard Rahn on the necessity of failure in the market: “When government becomes a player and tries to prevent the failure of market participants, its decisions are almost invariably corrupted by the political process.” Read up on Goodwin Liu, Obama’s nominee for a seat on the 9th Circuit Court of Appeals: “Liu’s confirmation would compromise the judiciary’s check on legislative overreach and push the courts not only to ratify such constitutional abominations as the individual health insurance mandate but to... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3403867 Wed, 24 Mar 2010 20:16:18 +0100 3403867 http://www.medworm.com/index.php?rid=3208338&cid=t_242040_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FwzAaxvNTATM%2F By Andrew J. CoulsonLast fall, the 9th Circuit Court of Appeals reinstated a lawsuit against Arizona’s K-12 scholarship donation tax credit program. Under the program, citizens can donate to non-profit organizations that help families pay for private school tuition, and in return, the donors receive a dollar-for-dollar tax cut. The 9th Circuit, ruled that the program violates the Establishment Clause of the First Amendment, because many taxpayers choose to donate to religious scholarship-granting organizations whose scholarships are only usable at religious schools. This, in the Court’s view, meant that the program unconstitutionally favored religious scholarship-seeking parents over secular ones. Supporters of the program will soon be appealing this decision to the U.S. Supre... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=3208338 Tue, 26 Jan 2010 13:31:48 +0100 3208338 http://www.medworm.com/index.php?rid=2389657&cid=t_242040_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FVg1FVpo4Nqs%2F Judge Sonia Sotomayor of the 2nd Circuit Court of Appeals has been mentioned as a possible Supreme Court nominee.  She also has been caught on tape explaining her view of a judge’s role.  Reports the Washington Post: As White House press secretary Robert Gibbs put it, Obama is looking for “somebody who understands how being a judge affects Americans’ everyday lives.” Congressional conservatives have reacted anxiously to that qualification, fearing that it means a nominee who is more interested in making the law than in interpreting it. One possible candidate for the seat, Judge Sonia Sotomayor of the U.S. Court of Appeals for the 2nd Circuit, appeared to walk close to that line in a video that emerged yesterday. Sotomayor would be the first Latino and the third... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2389657 Wed, 06 May 2009 12:56:59 +0100 2389657 http://www.medworm.com/index.php?rid=2356878&cid=t_242040_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FtgyCtikjnIU%2F Last month, I warned that the 9th Circuit Court of Appeals would soon be handing the school choice movement a legal setback. Well, it’s here. As expected, the 9th Circuit has reinstated a lower court challenge to Arizona’s scholarship donation tax credit program. The program allows taxpayers to contribute to non-profit Scholarship Tuition Organizations (STOs) that provide financial assistance to families choosing private schools. The taxpayers can then claim a dollar for dollar credit for their donation. While this ruling leaves the program intact for the time being, it would almost surely require the tax credit program to be amended if it is allowed to stand. Fortunately, as I noted in my earlier post, the 9th Circuit is overturned as often as a caber at the Highland Games.... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2356878 Wed, 22 Apr 2009 06:04:28 +0100 2356878 http://www.medworm.com/index.php?rid=2263805&cid=t_242040_87_f&fid=36438&url=http%3A%2F%2Ffeedproxy.google.com%2F%7Er%2FCato-at-liberty%2F%7E3%2FAX8MkxhPf4I%2F As Adam Schaeffer notes on this blog today, education tax credits have won in court, again. This time in Arizona. I’ve long argued that their superior resistance to court challenge is one of many reasons to favor tax credits over other approaches to school choice. But there’s one court that even credits are likely to run into trouble with: the 9th Circuit Court of Appeals. The 9th Circuit is the most statist appellate court in the nation, and it has been sitting on an education tax credit case, Winn v. Garriott, for more than a year. For the record, I expect it to rule against the program sometime in 2009. If it does, that ruling will be appealed and almost certainly overturned by the Supreme Court of the United States. Supporters of educational freedom should both brace thems... Cato-at-liberty blogs http://www.medworm.com/rss/comments.php?id=2263805 Thu, 12 Mar 2009 20:31:04 +0100 2263805