Read our analysis and commentary on court cases from 2006.

• 2 Prisoner Religious Freedom 4th Cir. cases
The Fourth Circuit issued two opinions upholding the rights of prisoners under the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”). Two of the three judges on the panels w...
• Supremes Hear Preemption Case Important to Senior and Consumer Advocates
On Wednesday, November 29, the Supreme Court heard argument in a significant case testing the scope of federal agencies’ authority to preempt state law. ...
• Alaska Supreme Court Upholds 1983 Rights
The Supreme Court of Alaska ruled that several Alaskan Native Villages could bring suit under 42 U.S.C. § 1983 against the Acting Director of the Division of Family and Youth Services for alleged sys...
• Illinois Appellate court preemption decision
The state intermediate appellate court in Illinois reached the merits of whether the federal Medicaid statute preempts state law regarding seeking spousal support from a community spouse’s income af...
• No Private Right in Medicaid Managed Care case
A federal district court in Indiana held that there is no private right of action under 42 U.S.C. § 1983 to enforce the “freedom of choice” and “methods and procedures” provisions of the Medi...
• No 1983 Right in Voting Rights Case
The federal district court for the Northern District of California held that there is no private right of action under 42 U.S.C. § 1983 to enforce the requirement in the Help America Vote Act (HAVA) ...
• No Private Enforcement of ADA Regulations
The district court of the Eastern District of Pennsylvania held that ADA regulations regarding designation of “key stations” for access to disabled riders were not privately enforceable, either th...
• Federal Question Jurisdiction for Medicaid Annuity Case
A federal district court in Pennsylvania issued an order stating that an institutionalized spouse could not be denied Medicaid benefits based on his wife’s annuity income. The court held that the s...
• Fees Denied in Pendent 1983/Preemption Case
R.J. Reynolds Tobacco Company filed suit against the AG of Washington challenging a Washington law that banned all promotional distribution of free cigarette samples in the state. The complaint alleg...
• Alaska Supreme Court Holds Medicaid Recipient May Sue Hospital to Stop Improper Billing
The Alaska Supreme Court held that a Medicaid recipient has the right to sue a hospital to prevent it from improperly billing him in violation of federal Medicaid law. Yet, the court based the right ...