|
Commentary on Important Court Decisions
NSCLC Website<-
Areas of Expertise<-
Federal Rights<-
Commentary on Important Court Decisions
Sub-Sections
Related Issues
Related Articles
Related News
-
M.D.La.: Mixed Medicaid §1983, Supremacy Clause decision
-
A Louisiana federal district court refused to dismiss most Medicaid claims by a hospital and individual beneficiaries, and flatly rejected the State’s argument that Medicaid is an unenforceable “...
-
5th Cir.: FMLA immunity remains, but reinstatement OK
-
The Fifth Circuit held that a states retain immunity under the “self care” provision of the Family and Medical Leave Act (FMLA), but a claim for reinstatement falls under the Ex Parte Young except...
-
M.D.Tenn.: Private Medicaid mgmt. is state actor, not immune
-
A Tennessee federal district court held that a private entity operating the state’s Medicaid dental program is a state actor for purposes of 42 U.S.C. § 1983, but is not entitled to sovereign immun...
-
Four important attorneys fees decisions
-
1) Ninth Circuit and California court conflict on attorneys fees in disability cases. 2) Eleventh Circuit upholds fee enhancement despite sharp dicta. 3) NY Ct. App. rejects 11th Am. bar to Medicaid f...
-
9th Cir. Upholds Medicaid Claims under Supremacy Clause
-
The Ninth Circuit held that healthcare providers and beneficiaries can sue to enforce the Medicaid Act against the States without regard to the availability of a cause of action under 42 U.S.C. § 19...
-
D.Haw. rejects § 1983 for Medicaid HMO suit, misses Supremacy Clause
-
Hawaii’s federal district court held that an HMO cannot seek injunctive relief for violations of the Medicaid Act because the provisions at issue do not provide enforceable rights for health care p...
-
8th Cir. applies preemption amendment to save railroad suits
-
The Eighth Circuit, over a troubling dissent, implemented a recent law limiting the scope of a preemption provision in the context of the Federal Railroad Safety Act (FRSA)....
-
Two courts strike sex offender laws under Commerce Clause
-
In two separate decisions in May and June, federal district courts held that provisions of the Adam Walsh Child Protection and Safety Act exceed the bounds of the Commerce Clause and the Necessary an...
-
N.D.Cal.: Housing Act notice provision enforceable under § 1983
-
A California federal district court held that a provision of the U.S. Housing Act, 42 U.S.C. § 1437p(a)(4) – which guarantees that residents receive notice and relocation assistance in the event th...
-
N.Y.: Workers can enforce Housing Act wage contract
-
New York’s highest court held that employees of New York City contractors may sue as third-party beneficiaries to enforce the contractors’ promise to pay prevailing wages under the U.S. Housing Ac...
|
