Court Decisions from 2008
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Court Decisions from 2008
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Keywords
Age Discrimination in Employment Act,
Agency deference,
Americans with Disabilities Act,
Arbitration,
Attorneys fees,
Class actions,
Commerce Clause,
Consumer law,
Declaratory Judgment Act,
ERISA,
Environment,
Ex Parte Young,
Exhaustion,
Facial challenges,
Housing,
Immigration,
Implied rights of action,
Long-Term Care,
Medicaid,
Medicare,
Mootness,
No Child Left Behind,
Preemption/Supremacy Clause,
Preliminary injunction,
Prisoners,
RLUIPA,
Rehabilitation Act,
Ripeness,
SORNA,
Section 1983,
Sovereign immunity,
Spending Clause,
Standing,
State court remedies,
State law preemption,
Statute of limitations,
Supremacy Clause/Preemption,
Supreme Court,
Third-party beneficiaries,
Title IX,
Tort law,
Truth in Lending Act,
Voting rights,
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3d Cir: Interstate Compact not enforceable
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The Third Circuit held that the Interstate Compact Concerning Parole and Probation is not privately enforceable by probationers under 42 U.S.C. § 1983. Doe v. Pennsylvania Bd. of Probation and Parol...
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Mo.App.: Medicaid recovery from spouse's estate improper
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Missouri’s intermediate court of appeals held that the State’s attempt to recover the Medicaid funds from a deceased recipient’s deceased spouse’s estate conflicted with the federal Medicaid...
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N.D.Okla.: Limit on nursing home arbitration preempted
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An Oklahoma federal district court held that a state statute prohibiting arbitration agreements in nursing home admission contracts is preempted by the Federal Arbitration Act (FAA). Rainbow Health Ca...
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D.Me.: Medicaid not a "taking"
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Maine’s federal district court held that Maine’s Medicaid program was not an unconstitutional regulatory taking, because health care providers were not compelled to participate in the program. Fra...
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E.D.Mo.: Anti-immigrant law not preempted
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A Missouri federal district court upheld a local ordinance that permits a city to suspend or deny business permits of employers who employ undocumented immigrants, holding that the city’s ordinance ...
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D.Ariz.: Anti-immigrant law not preempted
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Arizona’s federal district court upheld a state law that providers for the suspension and denial of business licenses to businesses that employ undocumented immigrants, and mandates participation in...
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9th Cir.: No sovereign immunity for private entities
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The Ninth Circuit held that state sovereign immunity does not extend to private entities, including businesses that contract to provide public services for the state. del Campo v. Kennedy, --- F.3d --...
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Cal.S.Ct.: Food label suits not preempted
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The California Supreme Court unanimously held that the Food, Drug and Cosmetic Act (ACT) does not preempt private enforcement of a state food labeling law that is identical to the FDCA. In re Farm Rai...
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S.D.Miss: No immunity for ADA prison suit
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A Mississippi federal magistrate held, in a suit by a state prisoner, that Title II of the Americans with Disabilities Act (ADA) abrogated state sovereign immunity. Morgan v. State of Mississippi, 200...
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7th Cir.: Medicaid info provisions not enforceable
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In a nonprecedential order, the Seventh Circuit found “no reason to believe that a private right of action exists” under Medicaid Act provisions requiring that patients be informed in writing of t...
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