Court decisions from 2007
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Court decisions from 2007
Sub-Sections
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Washington S.Ct. Medicaid comparability case
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The Supreme Court of Washington, sitting en banc, decided, by a vote of five judges to three, that the state’s “shared living rule” which reduced funding for in-home care by 15 percent because t...
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11th Cir. holds no sovereign immunity in bankruptcy case
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In a case involving a state’s efforts to recoup welfare payments, the Eleventh Circuit held that the state does not have sovereign immunity from a suit to enforce the automatic stay protections of b...
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8th Cir. rejects jurisdiction in child support/credit protection case
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In an opinion it will not publish, the Eighth Circuit summarily dismissed a case seeking 42 U.S.C. § 1983 jurisdiction to enforce the Child Support provisions of the Social Security Act, Title IV-D, ...
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S.Ct. Holds Parents Can Sue Pro Se Under IDEA
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Parents of children with disabilities were victorious in a Supreme Court case involving the right of parents to litigate pro se on behalf of their children under the Individuals with Disabilities Educ...
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9th Cir. rules against Medicaid expansion populations
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The Ninth Circuit held that the Medicaid statute’s requirements and limitations do not apply to Medicaid expansion populations, who do not meet the criteria for being either categorically needy or m...
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Third Circuit 1983/IDEA/504 decision
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The Third Circuit, reversing its own prior precedent, ignored legislative history and interpreted a § 1983 legislative fix extremely narrowly, demonstrating that any future legislative action regardi...
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Supreme Court holds pay discrimination claim time barred
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Yet another decision denied court access based on a very narrow reading of a legislative fix. This time, the Supreme Court rejected the clear intent of Congress to completely invalidate Lorance v. AT...
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Dt. court holds claim for Medicaid refund barred by 11th Am.
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Although the district court dismissed the University of Pittsburgh Medical Center’s request for a refund from the state of West Virginia as barred by the Eleventh Amendment, the Medicaid provider’...
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S.Ct. denies fees for preliminary injunction
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In a unanimous decision written by Justice Ginsburg, the Supreme Court held that a plaintiff who obtained a preliminary injunction in an action under 42 U.S.C. § 1983 but lost on the merits was not e...
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Va.S.Ct. holds prisoner 3d pty bene of medical contract
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The Supreme Court of Virginia held that a prisoner is a third party beneficiary of a contract between the Virginia Department of Corrections and the medical services contractor, and therefore the cour...
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