On January 20, 2017, President Trump’s first official day in office, he signed an Executive Order titled “Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Appeal.” While this Executive Order makes no practical change to the Affordable Care Act (“ACA”), it sets a clear intention, on the part of the Trump Administration, to “seek the prompt repeal” of the … [Read more...] about Affordable Care Act Update: President Trump Signs an Executive Order, But Nothing Changes Yet
OCR Lawsuits: Dear Colleague Letters Come Under Fire
The Office for Civil Rights (OCR) of the U.S. Department of Education (USDOE) has been under increasing fire about the authority of its “significant guidance documents,” informally titled “Dear Colleague Letters (DCLs).” Some of the most controversial of the recent DCLs, the 2011 DCL on Sexual Violence and the 2014 Q & A on Title IX and Sexual Violence, have prompted questions about the … [Read more...] about OCR Lawsuits: Dear Colleague Letters Come Under Fire
A Federal Judge in Texas Bars Enforcement of Some Anti-Discrimination Protections Under Affordable Care Act
On December 31, 2016, a federal judge in Texas issued a nationwide injunction. In issuing this injunction, the court halted the scheduled January 1, 2017 implementation of a rule which would bar discrimination on the basis of gender identity or termination of a pregnancy. The Health and Human Services Department unsuccessfully argued that the discrimination laws, which prohibit discrimination … [Read more...] about A Federal Judge in Texas Bars Enforcement of Some Anti-Discrimination Protections Under Affordable Care Act
Federal Court Scrutinizes IDEA Provisions: Prehearing Offer An Elective to Cut Down On Prevailing Fees
The December 20 decision in the matter of Rena C. v. Colonial School District analyzes Section 1415 of the Individuals with Disabilities Education Act (IDEA), which governs reimbursement of prevailing fees, attorney fees to parents who prevail in special education litigation. What The Law Says The IDEA provides for an award of attorney fees to the party that prevails in special education … [Read more...] about Federal Court Scrutinizes IDEA Provisions: Prehearing Offer An Elective to Cut Down On Prevailing Fees
Civil Unions Dissolvable in Pennsylvania
In a December 28, 2016 opinion, the Superior Court determined that civil unions can be dissolved, despite the fact that Pennsylvania law does not specifically recognize civil unions. On July 12, 2002, two adult Pennsylvania residents entered into a civil union in Vermont, the first state to offer civil unions. In December 2002, the parties began living separate and apart. At that time, … [Read more...] about Civil Unions Dissolvable in Pennsylvania
PA Superior Court Allows Couple to Annul Adoption to Pursue Marriage
In a December 21, 2016 opinion, the Superior Court determined that the Orphan’s Courts have authority to grant an uncontested petition to annul an adult adoption. The request was made to enable the parties to marry. In July, 2012, N.M.E. adopted R.A.B., Jr. The parties were a same-sex couple that had been together for more than 40 years. They pursued the adult adoption in 2012 to establish a … [Read more...] about PA Superior Court Allows Couple to Annul Adoption to Pursue Marriage
