Tuesday, April 25, 2006

LII Bulletin Previews Empire HealthChoice Assurance v. McVeigh Oral Argument to Occur Today Before the Supreme Court

Cornell’s LII Bulletin has posted the following preview of the oral argument slated to take place in Empire HealthChoice Assurance v. McVeigh (05-200) before the Supreme Court today:


Empire HealthChoice Assurance v. McVeigh (05–200)
Oral argument date: April 25, 2006

This case derives from a reimbursement action brought by Empire HealthChoice Assurance, a private healthcare provider, against a federal employee who received health care benefits under the terms of a contract brought into being by the Federal Employees Health Benefits Act. The District and Circuit courts held that federal law did not govern the action, and that the action should have been raised under state contract law in state court. The Supreme Court must now decide whether the Federal Employees Health Benefits Act creates a federal common law basis for Empire's claim, and thus whether the federal courts have jurisdiction over cases brought to enforce provisions of contracts created under the Act.

The full preview is available here.


At 4:20 AM, Blogger Seema Patel said...

"The common law is not some brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi-sovereign that can be identified." (OWH) An interesting question posed here; eager to see the results. My guess is that the SC will overrule the 2d Cir., finding FQJ and in favor of Empire.

Thanks for the post. SP


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