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Court Rules for Wal-Mart in Maryland Suit [health care spending mandates.......]
New York Times ^

Posted on 01/17/2007 1:21:11 PM PST by Sub-Driver

Court Rules for Wal-Mart in Maryland Suit By MICHAEL BARBARO

A federal appeals court ruled today that Maryland violated federal law when it required Wal-Mart Stores to increase spending on employee health insurance, in a decision that appears likely to end a bitter yearlong legal battle that pitted state legislators, organized labor and health care advocates against the nation’s largest retailer.

The 2-to-1 ruling by a panel of the United States Court of Appeals for the Fourth Circuit is a major setback — if not a fatal blow — for a nascent campaign, called “fair share,” that sought to move millions of America’s working poor off of state-sponsored insurance programs, like Medicaid, and on to employer-based plans.

Facing ballooning Medicaid costs, the Maryland state legislature last year passed a law forcing major employers to spend the equivalent of 8 percent of their payrolls on health care. But it structured the legislation so that it was aimed at only one company — Wal-Mart, which has many workers rely on Medicaid in states from Maryland to Georgia.

Encouraged by the Maryland law, the first of its kind in the nation, lawmakers in dozens of other states said they would introduce similar bills to confront spiraling Medicaid costs.

But the appeals court, upholding a lower court ruling, found that the Maryland rule violated a federal labor law intended to allow companies to create a uniform system of health benefits across the country, rather than navigate a patchwork of state-by-state requirements.

By requiring employers in Maryland to restructure insurance plans, the court found, the law “conflicts” with the intent of the federal labor law, known as the Employee Retirement Income Security Act, or ERISA.

(Excerpt) Read more at nytimes.com ...


TOPICS: Government; News/Current Events; US: Maryland
KEYWORDS: erisa; govwatch; healthcare; judiciary; unions; walmart
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the socialists lose.........
1 posted on 01/17/2007 1:21:13 PM PST by Sub-Driver
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To: Sub-Driver

great news.


2 posted on 01/17/2007 1:24:14 PM PST by commonguymd
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To: Sub-Driver

I was actually hoping to see walmart move its stores just across the border and pull out thousands of jobs instead.

But this is a good result too.


3 posted on 01/17/2007 1:26:23 PM PST by flashbunny (If the founding fathers were alive today, they'd be buying feathers and boiling tar.)
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To: Sub-Driver

Thanks God there is still some reason left in the judical process.


4 posted on 01/17/2007 1:27:39 PM PST by evad
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To: Sub-Driver
I lived in The People's Republic of Maryland for 8 years. Great place, good people, $hitty government, high taxes. MD has COUNTY INCOME TAX!
5 posted on 01/17/2007 1:28:04 PM PST by GeorgefromGeorgia
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To: Sub-Driver
"...for a nascent campaign, called “fair share,” that sought to move millions of America’s working poor off of state-sponsored insurance programs, like Medicaid, and on to employer-based plans."

NYT's. No slant here. I'm not on Medicaid, nor are my employees. They are young and choose NOT to spend thousands a year to line lawyer and insurance malpractice insurance pockets.

This world is insane!
6 posted on 01/17/2007 1:28:48 PM PST by poobear
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To: GeorgefromGeorgia

Don't complain, your HIGH taxes will continue to subsidize Walmart shoppers and their quest for "Always Low Prices" merchandise at Walmart.


7 posted on 01/17/2007 1:33:27 PM PST by LM_Guy
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To: Sub-Driver; Mrs.Nooseman; Diana in Wisconsin; bfree; Graybeard58; CSM; metesky; wanderin; ...

Combined WalMart and DelMarVa PING!!!!!!!!!!


8 posted on 01/17/2007 1:35:23 PM PST by Gabz (If we weren't crazy, we'd just all go insane.)
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To: LM_Guy

I shop in WalMart BECAUSE my taxes are so danged high.


9 posted on 01/17/2007 1:36:58 PM PST by Gabz (If we weren't crazy, we'd just all go insane.)
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To: LM_Guy

Who should I despise more?

The Teamsters, or Wal Mart?

That has long been a tough one for me.


10 posted on 01/17/2007 1:37:04 PM PST by Radix (My Tag Line has a first name....its O S C A R.)
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To: Gabz
What's a DelMarVa?

Also, I thought that Maryland misadventure into socialism had already been settled.

11 posted on 01/17/2007 1:37:41 PM PST by Graybeard58 (Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Sub-Driver; calcowgirl; SierraWasp; Czar; NormsRevenge; Amerigomag
Maryland violated federal law when it required Wal-Mart Stores to increase spending on employee health insurance, ......

a nascent campaign...that sought to move millions of America’s working poor off of state-sponsored insurance programs, like Medicaid, and on to employer-based plans.

Hmmmmmm....Sounds a lot like Arnold's plan.

12 posted on 01/17/2007 1:38:09 PM PST by ElkGroveDan (When toilet paper is a luxury, you have achieved communism.)
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To: Graybeard58

DelMarVa = Delaware, Maryland, Virginia

The peninsula that includes the entire state of Delaware, the Eastern Shore of Maryland and a small piece of Virginia at the southern tip.


13 posted on 01/17/2007 1:42:56 PM PST by RebelBanker (May have been the losing side. Still not convinced it was the wrong one.)
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To: Gabz

Hi, Gabz!

Glad to see this! We switched DH's prescriptions over to WalMart this week. We'll be saving $20 a month now, thanks to the lower drug prices there. :)

He wasn't happy with it because he's drunk the "Anti-WalMart Koolaid" and believes that WalMart is evil and doesn't pay their workers enough, blah, blah, blah.

While we were checking out, I asked the checker if she was making more than minimum wage. She said, "Yes, much more and I have health care benefits and a store discount, too!"

I also showed him that everything we purchased, including his meds, was clearly marked "Made in the USA."

It's hell being married to me. ;)


14 posted on 01/17/2007 1:44:45 PM PST by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: Sub-Driver
"called “fair share,”

When you see those words....Look for a SOCIALIST, and hold on to your wallet!

15 posted on 01/17/2007 1:46:22 PM PST by litehaus (A memory tooooo long)
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To: Gabz
I hope your Walmart prices keep dropping and keep up with the state tax increases that will be coming due to the exploding Medicaid costs that most states are facing.
16 posted on 01/17/2007 1:49:42 PM PST by LM_Guy
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To: LM_Guy

Did I miss the Consititutional amendment that makes heathcare a right? The solution to high Medicaid costs is quite simple: end state-sponsored heathcare. I'll wager that costs will decline once government gets out of the health insurance business.


17 posted on 01/17/2007 1:51:37 PM PST by Doohickey (I am not unappeasable. YOU are just too easily appeased.)
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To: Radix
Who should I despise more? The Teamsters, or Wal Mart?

I get it. You are being sarcastic. You had me going there.

18 posted on 01/17/2007 1:53:59 PM PST by smokinleroy
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To: Sub-Driver

GRRRREAT News! Thanks for posting.


19 posted on 01/17/2007 1:55:50 PM PST by PGalt
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To: litehaus
"called “fair share,”

Can someone out there tell poor stupid me exactly how much is a fair share?

20 posted on 01/17/2007 1:56:05 PM PST by dearolddad
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