Commentary on Important Court Decisions
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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.: 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. ...
- CA9: Local Anti-Eviction Law for Subsidized Housing not Preempted by HUD Regulations
- The Ninth Circuit held that a local anti-eviction ordinance was not preempted by HUD regulations....
- N.D.Fla.: State Agency Cannot Prevent Federal Appeal of Medicaid Benefits Hearing Denial
- A District Court rejected the argument that federal court is not available when the state determines a Medicaid claimant is not entitled to a fair hearing. ...
- CA8: Qualified Immunity Denied for Prison Guard who Shackled Woman During Childbirth
- Closely divided Eighth Circuit found shackling woman plaintiff while she was giving birth unconstitutional. ...
- C.D.Cal.: Police Raids on African-American Barbershops were Plausibly Unconstitutional
- Barbershop employees and customers alleged they were the victims of unconstitutional police raids. ...
- M.D.Tenn.: State’s Attempt to Vacate EPSDT Consent Decree Denied
- Tennessee sought to vacate a consent decree mandating EPSDT services. ...