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Commentary on Important Court Decisions

NSCLC Website<- Areas of Expertise<- Federal Rights<- Commentary on Important Court Decisions
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  • SCOTUS Upholds Voter ID Law
  • The Supreme Court rejected 6-3 a facial challenge to Indiana’s voter ID law, with the majority sharply divided over how to evaluate such challenges....
  • Good magistrate decision on ADA/Olmstead, Medicaid/1983
  • A New York federal magistrate recommended against dismissing a suit claiming systematic, needless segregation of individuals with mental illness in nursing homes. Joseph S. v. Hogan, No. 06-1042 (E.D....
  • 2d Cir. clarifies pro bono fees, again
  • The Second Circuit took the extraordinary step of issuing a second amended opinion in a Voting Rights Act case to clarify its approach to attorney fees. Arbor Hill Concerned Citizens Neighborhood Assâ...
  • 3d Cir.: Some drug warning claims preempted
  • The Third Circuit held 2-1 that the FDA’s decision not to require a particular warning on a drug label preempts state tort claims based on the manufacturer’s failure to include such a label. Col...
  • Ill. S. Ct. rejects preemption of Medicaid spousal recovery
  • The Illinois Supreme Court held unanimously that the spousal income protection provisions of the Medicare Catastrophic Coverage Act (MCCA) of 1988 do not preempt a state statute which authorizes recov...
  • 11th Cir.: Voter groups have standing, but Fla. rule not preempted
  • The Eleventh Circuit held 2-1 that Florida’s voter registration system – which prevents individuals who make typographical errors on their registration forms from being registered to vote – is n...
  • D.D.C.: Clean Water regulation violates APA
  • D.C.’s federal district court rejected standing and ripeness challenges in a suit brought by a polluter under the Clean Water Act (CWA). American Petroleum Institute v. Johnson, --- F.Supp.2d ----,...
  • E.D.Va.: Immunity under Rehabilitation Act rejected (again)
  • A Virginia federal district court rejected the state’s sovereign immunity defense in a prisoner’s Rehabilitation Act lawsuit. Miller v. Johnson, 2008 WL 821652 (E.D. Va. Mar. 27, 2008) (No. 07-4...
  • N.D.Ga.: Waiver by removal in ADA Title I case
  • A Georgia federal district court held that a state agency waived its sovereign immunity when it removed to federal court a claim under the Americans with Disabilities Act originally filed in state cou...
  • S.Ct. takes restrictive view of arbitration review
  • The Supreme Court held 6-3 that the Federal Arbitration Act (FAA) does not provide for review of an arbitration decision by a district court on the basis that the parties contractually agreed to it. ...