As previously discussed here (Nov. 3
and Nov. 6
), SCOTUS has two taken two Texas cases, both decided (with two others) in a single Fifth Circuit opinion
. The cases involve tort claims under the Texas health care liability statute, which the HMOs argue is completely preempted by ERISA. Oral argument was today. My short piece in Mealey's Managed Care Liability Report
(requires Lexis/Nexis account). The early report from Bloomberg News
indicates that a majority of the Court appeared, in their comments and questions, to be leaning toward Aetna and Cigna and in favor of striking down Texas' health care liability law. The Associate Press' Anne Gearan agrees
. I will post more news reports tomorrow and a link to the transcript as soon as it becomes available.