Michael B. Kimberly
Subscribe to Michael B. Kimberly's PostsMichael B. Kimberly is co-chair of the Firm’s Supreme Court and Appellate Practice Group. He handles complex appeals and trial court motions with a primary focus on antitrust law, administrative law and constitutional law. Click here to read Michael B. Kimberly's full bio.
Tenth Circuit Reaffirms Preemption of State Pharmacy Network Regulations
By Andrew Liazos, Michael B. Kimberly and Sarah P. Hogarth on Aug 23, 2023
Posted In Employee Benefits, Health and Welfare Plans
The US Court of Appeals for the Tenth Circuit recently held in Pharmaceutical Care Management Association v. Mulready (PCMA) that the Employee Retirement Income Security Act (ERISA) and Medicare Part D preempted several provisions of Oklahoma law regulating pharmacy benefit managers and pharmacy networks. Left unchallenged, these provisions threaten the ability of employers and Medicare...
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Employer Group Urges Justices To Hear Seattle Benefits Row
By Michael B. Kimberly, Sarah P. Hogarth and Andrew Liazos on Nov 16, 2022
Posted In Benefit Controversies, Retirement Plans
An employer group says the federal government erred in arguing that a Seattle benefits mandate for hotel workers doesn’t conflict with federal law. According to this Law360 article, the ERISA Industry Committee (ERIC) asked the US Supreme Court to review a US Court of Appeals for the Ninth Circuit decision that backed the Seattle ordinance despite...
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ERIC Petitions US Supreme Court on Seattle Healthcare Case
By Michael B. Kimberly, Sarah P. Hogarth and Andrew Liazos on May 11, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
McDermott Will & Emery’s Michael B. Kimberly, Sarah P. Hogarth and Andrew C. Liazos, are co-counsel on a petition for certiorari before the Supreme Court of the United States on behalf of the ERISA Industry Committee (ERIC). The petition calls for review of ERIC’s legal challenge to the City of Seattle’s hotel healthcare “play or pay”...
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ERIC Files Amicus Brief Rebutting DOL Attempt to Create New Regulations in Lawsuit
By Andrew Liazos, Michael B. Kimberly and Charlie Seidell on Apr 28, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
McDermott Will & Emery’s Andrew C. Liazos, Michael B. Kimberly and Charlie Seidell recently filed an amicus brief in the US Court of Appeals for the 10th Circuit on behalf of the ERISA Industry Committee (ERIC). McDermott filed the brief in response to a US Department of Labor (DOL) amicus brief that advanced a novel...
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Supreme Court Appears Willing to Leave Obamacare in Place
By Michael B. Kimberly on Nov 11, 2020
Posted In Employee Benefits, Health and Welfare Plans
During arguments in a case seeking to eliminate Obamacare, two of the US Supreme Court’s conservative justices signaled they would not strike down the landmark legislation. In a recent article by CNBC, McDermott partner Michael Kimberly discussed the significance of this case and the Court’s upcoming decision. Access the article.
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Fifth Circuit Issues ACA Ruling, But Severability Question Remains
By Ankur J. Goel, Eric Zimmerman, Michael B. Kimberly and Matthew A. Waring on Dec 26, 2019
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
A decision in Texas v. United States was issued by a divided three-judge panel of the US Court of Appeals for the Fifth Circuit on December 18, 2019. This case presented once again the question whether the Affordable Care Act (ACA) is constitutional and sustainable, and questions of severability remain for the near future. Access...
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