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.
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 Michael B. Kimberly, Eric Zimmerman, Ankur J. Goel 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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