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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.Cal.: Court Again Blocks State’s Attempt to Cut Adult Day Health Care for the Elderly and Disabled
- For the second time, a district court issued an injunction preventing California from cutting services for Adult Day Health Care (“ADHC”) beneficiaries. ...
- S.D.Ind.: Title IV-E Confers Enforceable Rights Preventing Foster Care Rate Cuts
- A District Court found Title IV-E of the Social Security Act, which provides funding for foster care and special needs adoption assistance, enforceable under 42 U.S.C. § 1983. ...
- CA10: No Clearly Established Right to Arrive at Bush Event with “No More Blood for Oil” Bumper Sticker
- The Tenth Circuit granted Qualified Immunity to White House staff who ejected silent attendees from a Presidential event due to a bumper sticker....
- CA9: Federal Education Law Preempts State Law Consumer Protection Claims
- The Ninth Circuit held that the federal Higher Education Act preempted consumer protection claims under California law....
- CA1: Class Action Settlement for Transitioning into Community Upheld
- Parents of children who were part of a plaintiff class of nursing home residents challenged a settlement. ...
- E.D.Cal: Challenge to Unconstitutionality of State Dependency Court System Dismissed
- Foster children brought a § 1983 action alleging that caseloads in the dependency courts were unconstitutionally excessive. ...
- E.D.Mich: Court Issues Stay on Challenge to Post-Eligibility Medicaid Calculations
- In a suit challenging Medicaid recipients’ contribution to nursing home care, a district court granted a motion for a stay pending a determination by CMS on an outstanding Plan Amendment. ...
- C.A.D.C.: Conservative Appellate Panel Disregards Supremacy Clause in Habeas Corpus Ruling
- The Court of Appeals for the D.C. Circuit held that international law lacks “controlling legal force” in a Guantanamo detainee case. ...
- CA7: Mixed-Motive ADA Decision Reversed, Pursuant to Gross
- The Seventh Circuit applied Gross v. FBL Fin. Servs., Inc. to the ADA....
- CA9: Racially Discriminatory Criminal Justice System Makes Felon Disenfranchisement Illegal
- The Ninth Circuit ruled that Washington's felon disenfranchisement law was illegal under the Voting Rights Act (VRA). ...
