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Court decisions from 2007
NSCLC Website<- Areas of Expertise<- Federal Rights<- Commentary on Important Court Decisions<- Court decisions from 2007Sub-Sections
- 11th Cir. Commerce Clause case re Endangered Species
- The Court of Appeals for the Eleventh Circuit held that Congress did not exceed its Commerce Clause powers in the Endangered Species Act (ESA) by protecting a fish that was so near extinction it exist...
- D.Minn. rejects 1983 action in HUD Act case
- The district court for Minnesota held that low income persons and corporations owned by low income persons had no private right to enforce Section 3 of the Housing and Urban Development Act of 1968, 1...
- New Orleans Fair Housing Dt. Ct. decision
- In a suit against the federal Department of Housing and Urban Development (HUD) and the Housing Authority of New Orleans (HANO), a district court in Louisiana held that claims under the Fair Housing A...
- 3rd Party claim against nursing home upheld
- The federal district court for the eastern district of Tennessee denied the motion to dismiss of a nursing home, holding that the surviving wife of a deceased nursing home resident could bring suit un...
- 11th Cir. upholds 1983 enforcement in Driver Privacy case
- The Court of Appeals for the Eleventh Circuit held that the Driver Privacy Protection Act (DPPA), 18 U.S.C. §§ 2721-2725, is enforceable under 42 U.S.C. § 1983. The DPPA has an explicit private ri...
- 1st Cir. Preemption Case re Duals in Puerto Rico
- The Court of Appeals for the First Circuit ruled, on the merits, that a Puerto Rico law regarding providers of prescription medication for residents eligible for both Medicaid and Medicare (“dual el...
- Younger Abstention in Medicaid 1983 case
- The federal district court of Kansas refused to consider the merits of the claim of a Medicaid beneficiary under 42 U.S.C. § 1983 that she was improperly denied Medicaid. The court dismissed the cas...
- IDEA Spending Clause case
- The First Circuit issued a lengthy decision addressing whether a bright girl with Asperger’s Syndrome qualified for special education and related services under the Individuals with Disabilities Edu...
- 10th Cir. 11th Am. Abortion Free Speech case
- The Tenth Circuit rejected Eleventh Amendment sovereign immunity claims of Oklahoma government officials in a case involving a challenge to the government’s distribution of specialty license plate t...
- 2d Cir. Consent Decree Interpretation Case
- The Second Circuit held, in a 2:1 decision, that the plain meaning of a consent decree did not bar the state from changing its law and thereby changing its treatment of the plaintiffs. The case invol...
