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California Approved Poor Performing Health Plans for Dual Eligibles (5/2/2012) A special NSCLC report raises concern about the eight health plans the state has selected… Visit News Releases
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Elaine Clark began receiving Social Security Disability Insurance in 1996 when she was diagnosed with end-stage renal disease. In January of that year, retroactive to January 2005, the Social Security Administration unlawfully stopped paying her benefits based on an outstanding warrant.. READ MORE
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Category Archives: Federal Rights Litigation
Amicus Brief: National Federation of Independent Businesses et al v Sebelius et al / State of Florida et al v DHHS et al
In this joint Supreme Court friend of the court brief submitted on January 30, 2012, it is argued that the provisions of the Affordable Care Act affecting those over age 65 should not be affected if the minimum coverage provision is … Continue reading
Posted in Federal Rights Litigation, Health Reform Challenges
Tagged Affordable Care Act, Amicus Brief
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Individual Mandate Supported in Supreme Court Amicus Brief
In a Supreme Court amicus brief submitted January 11, 2012, National Senior Citizens Law Center’s Rochelle Bobroff, acting as Counsel of Record, writes that that the Affordable Care Act’s minimum coverage provision or individual mandate “falls squarely within Congress’ authority to … Continue reading
Posted in Federal Rights Litigation, Health Reform Challenges
Tagged Affordable Care Act, Amicus Brief, Supreme Court
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Amicus Brief: Compucredit Corp. v. Wanda Greenwood (Supreme Court)
A case pending at the Supreme Court regarding the right to arbitrate could potentially address whether a statutory notice requirement conveys rights. NSCLC joined with AARP to file a Supreme Court amicus brief addressing this important issue.
Posted in Federal Rights Litigation
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Amicus Brief: Court Applies Improper Legal Standards
In an amicus brief, NSCLC argues that a lower court applied the improper legal standard in treating the CMS letter as if it should be granted the same level of deference as a published regulation. Read the Amicus Brief.
AARP/NSCLC File Third Party Beneficiary Amicus Brief
AARP and NSCLC joined forces to file an amicus brief with the Supreme Court in support of third-party beneficiary contract claims in Astra v. Santa Clara. Read the Amicus Brief (Dec. 20, 2010)
Posted in Federal Rights Litigation
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Amicus Brief Filed in Florida Health Reform Case
Health Reform’s Pre-Existing Condition Provision Unworkable Absent Individual Mandate WASHINGTON, DC –In a friend-of-the-court or amicus brief filed Nov. 17 in the Florida health reform case, the National Senior Citizens Law Center and 11 other groups present “empirical evidence and … Continue reading
Posted in Federal Rights Litigation
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Amicus Brief: Virginia Office for Protection and Advocacy v. Reinhard
NSCLC was lead author in an amicus brief that argued that the opinion of an appellate court threatens the supremacy of federal law. The case appeals the Fourth Circuit’s decision in a case involving a state agency that sought to … Continue reading
NSCLC Files Amicus Brief in Support of Health Reform
On June 17, 2010, attorneys from the Center for American Progress, the Federal Rights Project of the National Senior Citizens Law Center, and PCT Law Group, PLLC, filed an Amicus Brief in support of the federal government’s Motion to Dismiss … Continue reading
Amicus Brief: Immel v. Lumpkin
SUMMARY OF ARGUMENT The district court’s holding that the Rooker-Feldman doctrine bars federal court review of the decision of a state administrative agency was clearly in error. The decision below conflicts with holdings of the Supreme Court, this Court, and … Continue reading
Posted in Federal Rights Litigation
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Amicus Brief: Uhm et al v. Humana Inc.
SUMMARY OF ARGUMENT This Court should reverse the district court’s order dismissing Plaintiffs-Appellants’ action on the grounds that the claims were preempted. The Court must apply the presumption against preemption, recognizing the historic presence of state law in protecting the … Continue reading
