Commentary on Important Court Decisions
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Keywords
Abstention,
Administrative Procedure Act,
Administrative Procedures Act,
Age Discrimination in Employment Act,
Agency deference,
Americans with Disabilities Act,
Arbitration,
Attorneys fees,
Attorneys' fees,
Class actions,
Commerce Clause,
Consumer law,
Declaratory Judgment Act,
ERISA,
Environment,
Environmental law,
Ex Parte Young,
Ex parte Young,
Exhaustion,
Facial challenges,
Family Medical Leave Act,
Federal regulations,
Food Stamp Act,
Harmless error,
Housing,
IDEA,
Immigration,
Implied rights of action,
Individuals with Disabilities Education Act,
Long-Term Care,
Medicaid,
Medicare,
Mootness,
NEPA,
No Child Left Behind,
Pleading standards,
Preemption/Supremacy Clause,
Preliminary injunction,
Prisoners,
Protection & advocacy agencies,
Qualified immunity,
RLUIPA,
Rehabilitation Act,
Ripeness,
Rooker-Feldman doctrine,
SORNA,
Section 1981,
Section 1983,
Social Security,
Sovereign immunity,
Spending Clause,
Standing,
State court remedies,
State law preemption,
Statute of limitations,
Stay,
Supremacy Clause/Preemption,
Supreme Court,
Supreme Court, Age Discrimination in Employment Act, older workers,
TRICARE,
Tenth Amendment,
Third-party beneficiaries,
Title IX,
Title VII,
Tort law,
Truth in Lending Act,
Twombly,
Voting Rights Act,
Voting rights,
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S.Ct Rejects Challenge to Constitutionality of Voting Rights Act
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Today the Supreme Court ducked the issue of the constitutionality of the 25 year extension of the Voting Rights Act by the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauth...
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S.Ct Upholds Private School Reimbursement under IDEA
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The Supreme Court ruled today 6-3 that the Individuals with Disabilities Education Act (IDEA) authorizes reimbursement for private school tuition when a public school fails to offer the student an ind...
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Supreme Court Rejects Mixed Motive in Age Discrimination Case
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The Supreme Court held 5-4 that mixed-motive claims are never permissible under the Age Discrimination in Employment Act (ADEA). ...
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NSCLC Statement on Supreme Court's Decision in Gross v. FBL Financial Services, Inc.
PDF document —
30 KB
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The National Senior Citizens Law Center expresses surprise and deep concern at the Supreme Court’s decision issued June 18, 2009 in Gross v. FBL Financial Services, Inc., in which a 5-4 majority has...
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SCOTUS: Due process required recusal in "judge for sale" case
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The Supreme Court held 5-4 that a West Virginia Supreme Court justice’s failure to recuse himself from a big coal case violated due process, where the defendant’s principal officer played a substa...
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5th Cir.: No enforceable rights in Uniform Relocation Act provisions
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The Fifth Circuit held that a provision of the Uniform Relocation Assistance Act (URA), guaranteeing advisory services to displaced individuals, does not create a private right of action. ...
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4th Cir.: State protection & advocacy agency cannot sue other state officials in federal court
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The Fourth Circuit held that the Virginia Office of Protection and Advocacy cannot sue state health officials in federal court because sovereign immunity bars federal courts from hearing "intramural" ...
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SCOTUS: States can't bar jurisdiction over § 1983 claims in state court
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The Supreme Court held 5-4 that a state may not exclude a class of claims under 42 U.S.C. § 1983 from its state courts when those courts entertain analogous claims based on state law. ...
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D.Haw.: Medicaid managed care provisions enforceable under § 1983
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Hawaii’s federal district court held that Medicaid’s freedom of choice provision, along with several provisions establishing requirements for Medicaid managed care organizations, create rights enf...
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SCOTUS civil tightens pleading standards
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In a sweeping decision with the potential to impact every plaintiff in a civil lawsuit, the Supreme Court announced a new pleading standard Monday— apparently abandoning the liberal pleading rules w...
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