Court decisions from 2007
NSCLC Website<- Areas of Expertise<- Federal Rights<- Commentary on Important Court Decisions<- Court decisions from 2007Sub-Sections
- Blue Cross Immunity Claim Rejected by 5th Cir.
- The Fifth Circuit held that a private insurance carrier providing insurance pursuant to a contract with the federal government has no substantial defense of official immunity. The case involved a sui...
- Cal. state ct enforces Medicaid 30(A) via mandamus
- An intermediate appellate state court in California affirmed a writ of mandamus requiring the California Department of Health Services (DHS) to conduct an annual review of Medicaid reimbursement rates...
- Ninth Circuit EPSDT Decision
- The Ninth Circuit reversed the issuance of a preliminary injunction mandating the provision of wraparound and therapeutic foster care services (TFC) to foster children under Medicaid’s Early and Per...
- 5th Cir. finds 11th Am immunity in Rehab Act
- The Fifth Circuit held that the State of Texas had Eleventh Amendment immunity from suit under the private right of action contained in section 102 of the Rehabilitation Act, 29 U.S.C. § 722(c)(5)(J)...
- EDNY finds no 1983 rights in LIHEAA
- The District Court for the Eastern District of New York ruled against plaintiffs in a class action concerning emergency benefits under the Home Energy Assistance Program (“E-HEAP”), holding that t...
- Environmental Win at S.Ct.
- Environmental activists won a major victory yesterday in the case of Massachusetts v. EPA, 2007 WL 957332, No. 05-1120 (April 2, 2007), concerning EPA’s refusal to regulate the emission of greenhous...
- Louisiana state court Medicaid preemption case
- An intermediate appellate court in Louisiana wrote a very helpful preemption opinion in a Medicaid annuities case. The case concerns the denial of Medicaid for long term care based on excess resource...
- 7th Cir. Rejects Taxpayer Standing
- The Seventh Circuit addressed the issue of taxpayer standing to allege violations of the Establishment Clause in the context of the military’s support for the Jamboree of the Boy Scouts of America. ...
- Supreme Court holds state banking laws preempted
- In a case challenging Michigan’s regulation of a national bank’s subsidiary, the Supreme Court held that banking conducted by a national bank’s subsidiary is subject to the “superintendence”...
- Illinois Dt. Ct. Settlement enforcement case
- The federal district court for the Northern District of Illinois refused to relieve a defendant from the obligations in a settlement agreement, when the United States Supreme Court ruled that his form...