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Kaiser Health News Long Term Care Ombudsmen Face Challenges to Independence (1-27-2013) NSCLC Directing Attorney Eric Carlson says that ombudsman programs outside of state governments are less subject to political pressure
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Category Archives: Federal Rights
8th Cir.: Sides with Deference to SSA in Circuit Split
The Eighth Circuit jumped into the midst of a circuit split on an issue for which a petition for certiorari is pending. The question is whether a child who is clearly the biological offspring of a deceased parent can obtain … Continue reading
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S.D.N.Y.: Cost not basis for modifying injunction
Concluding that NYC had not adequately modified its system for contacting police and fire departments to provide access for deaf and hearing impaired individuals, the district court refused to vacate or modify a permanent injunction that bars the city from … Continue reading
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M.D.N.C.: Enjoins NC Law Barring Funds to Planned Parenthood
In response to a challenge to the constitutionality of a North Carolina law prohibiting the North Carolina Department of Health and Human Services (“DHHS”) from providing state or federal funds to Planned Parenthood, a district court granted a preliminary injunction … Continue reading
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2d Cir: Ricci not bar disparate impact claim
In a lawsuit arising from the aftermath of Ricci v. DeStefano, 129 S. Ct. 2658 (2009), the Second Circuit reversed the dismissal of a lawsuit by an individual who was not a party to Ricci, involving the same promotional examination … Continue reading
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1st Cir: First Amendment protects recording police in pub
The First Circuit found that police officers had violated Simon Glik’s First and Fourth Amendment rights when they arrested him for filming an arrest of someone else with his cell phone. Moreover, the constitutional rights the officers violated—the right to … Continue reading
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W.D.Tex. partially enjoins anti-abortion law
The District Court for the Western District of Texas enjoined parts of a new Texas law (the “Act”) intended to suppress abortion. The Act imposed a duty on doctors to provide information about a fetus to pregnant women before they … Continue reading
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The Federal Rights Listserv
The Federal Rights Project listserv, including a subscription to the password protected content on the website, is available free of charge to nonprofit public interest advocates. The listserv provides recent case developments, strategy articles, and a forum for discussion of … Continue reading
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D.D.C.: No standing to challenge lack of Medicaid notice
In a lawsuit challenging the lack of notice and an opportunity for a hearing when Medicaid prescription drugs are denied, a district court dismissed the case, finding that the plaintiffs had not met the requirements for standing. NB v. District … Continue reading
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D.Md: Allows Claims Re Failure to Permanently Modify Mortgage to Proceed
A district court in Maryland allowed several claims by mortgagors against CitiMortgage, Inc. (“CitiMortgage”) to proceed to discovery. The claims arose out of the denial of a request for a permanent modification of the mortgage loan. The court denied the … Continue reading
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D.Hi.: No dismissal but no PI for reduction of immigrants’ medical benefits
The District Court of Hawaii rejected both the defendants’ motion to dismiss and the plaintiffs’ motion for preliminary injunction in a challenge under Equal Protection Clause and the ADA to a Hawaii medical benefits program. The court found that the … Continue reading
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