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October 13 2010

Formal Ruling to Come Down in Florida Case

Hadley Heath

A deadline approaches for Judge Roger Vinson in State of Florida v. U.S. Department of Health and Human Services. On or before Thursday (tomorrow), Vinson must enter his formal ruling on the Defendants' Motion to Dismiss. Twenty states are involved in this lawsuit. The states are challenging the law based on its inclusion of the individual health insurance mandate and the burden it puts on the states. The states claim that Congress exceeds its Constitutional authority by forcing individuals to buy health insurance or pay a fine. Judge Roger Vinson heard oral arguments on a Motion to Dismiss on September 14, and indicated from the bench that he would not dismiss the case entirely. The hearing is set for December 16, but Vinson's formal ruling, due this week, will reveal which parts of the case are dismissed and which parts will be heard.  Visit healthcarelawsuits.org to keep up with developments in this case and others.

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