Notably absent from this power, though, is the Court’s ability to coerce compliance with its equitable distribution awards. This discrepancy serves as an arguable “flaw in the system,” on which creates a double standard and all but promotes a party unsatisfied with their oblications pursuant to an equitable distribution award […]
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In 2003, Congress enacted the Medicare Modernization Act (MMA) which, among other things, amended the preemption language of the Medicare Act.2 The amended preemption language seemed to signal Congress’ clear intent to expand the old preemption standard as it applied to Medicare claims to something closer to the “super preemption” found […]