8th Circuit decides two N.D. cases Wednesday, March 17, 2021

On March 16, the United States Court of Appeals for the Eighth Circuit affirmed a district court order upholding a denial of a Social Security benefits claim. The court held that the Vocational Expert relied on sufficient evidence, such as claimant's own testimony, when he formed his expert opinion; the Vocational Expert's testimony, which was supported by claimant's own testimony, created sufficient evidentiary support for the ALJ's finding that claimant was qualified to perform work based on her limitations and skills; similarly, the ALJ did not err in relying on the Vocations Expert's testimony to conclude that claimant's skills were transferable to other sedentary positions that could accommodate her limitations.

Read the court's opinion at: https://ecf.ca8.uscourts.gov/opndir/21/03/192916P.pdf

On March 17, the United States Court of Appeals for the Eighth Circuit issued an opinion in a declaratory judgment action asking the district court to declare two provisions of North Dakota law governing the billing and sales practices of air ambulance providers invalid as preempted by federal law. The district court had concluded that N.D. Century Code Sec. 26-1-47-09(3) and 26-1-47-08 were preempted by the Airline Deregulation Act but that the provision governing the sale of subscription agreements was saved by the McCarran-Ferguson Act. This 8th Circuit affirmed the district court's holding that the Airline Deregulation Act preempts the statutory sections but reversed the holding regarding the McCarran-Ferguson Act and the subscription provision, holding that the Act does not apply because the North Dakota provisions at issue were not enacted "for the purpose of regulating the business of insurance."

Read the court's opinion at: https://ecf.ca8.uscourts.gov/opndir/21/03/191343P.pdf