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Commentary on Important Court Decisions
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Court Decisions from 2008
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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, First Amendment, Food Stamp Act, Free Speech, Harmless error, Housing, IDEA, Immigration, Implied rights of action, Individuals with Disabilities Education Act, Injunction, 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, Winter,- N.D.Ill.: District Court Terminates Chicago Public School System Desegregation Decree
- An Illinois district court ended court supervision over the Chicago public school system....
- D.Puerto Rico: Older American Act Unenforceable Under § 1983
- A district court held that the OAA is unenforceable under § 1983....
- CA5: Standing Granted to Sue Companies that Contribute to Global Warming
- The Fifth Circuit held companies who release greenhouse gases may be liable for global warming. ...
- W.D.Tenn.: Over Objections of U.S., Court Modifies Remedial Order Because of Economic Downturn
- A district court allowed a significant modification of an order protecting developmentally disabled beneficiaries. ...
- N.D.Iowa: Comprehensive Remedial Scheme in Statute Does Not Preclude § 1983 as Remedy
- A district court found that the remedial scheme in the DPPA did not preclude an action under § 1983. ...
- N.D.Cal.: SSA Must Provide Blind and Visually-Impaired Beneficiaries Equal Communications Access
- CA District Court held that SSA must make communications to blind and visually-impaired beneficiaries accessible....
- N.D.Cal.: District Court Enjoins Cut of Medicaid Services to Disabled and Elderly
- A district court stopped the state from cutting IHSS to thousands of the disabled and elderly....
- CA9: Injunction Preventing Public Disclosure of Anti-Civil Rights Referendum Petitions Reversed
- The Ninth Circuit reversed an injunction shielding the identities of those who signed petitions to halt a new state domestic partnership law. ...
- CAD.C.: Private Contractor Liability Under State Law Preempted Wherever There are “Combat Activities”
- A sharply divided Court of Appeals for the District of Columbia Circuit held that state tort law claims against U.S. private contractors were preempted....
- CA6: En Banc Rehearing Evenly Splits on Whether NCLB is Binding Absent Sufficient Federal Funds
- A deadlocked Sixth Circuit could not decide if the NCLB is entirely enforceable under the Spending Clause. ...
