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- SCOTUS tightens pleading standards [1%] by htobin, modified on 2009-05-21 13:23 , created on 2009-05-21 13:23
- In a sweeping decision with the potential to impact every plaintiff in a civil lawsuit, the Supreme Court announced a new pleading standard Monday— ...
- Sotomayor [1%] by htobin, modified on 2009-05-26 08:54 , created on 2009-05-26 08:54
- SCOTUS: Due process required recusal in "judge for sale" case [1%] by htobin, modified on 2009-06-08 11:40 , created on 2009-06-08 11:40
- The Supreme Court held 5-4 that a West Virginia Supreme Court justice’s failure to recuse himself from a big coal case violated due process, where the ...
- 5th Cir.: No enforceable rights in Uniform Relocation Act provisions [1%] by htobin, modified on 2009-06-08 11:38 , created on 2009-06-08 11:38
- The Fifth Circuit held that a provision of the Uniform Relocation Assistance Act (URA), guaranteeing advisory services to displaced individuals, does not ...
- 4th Cir.: State protection & advocacy agency cannot sue other state officials in federal court [1%] by htobin, modified on 2009-06-03 11:53 , created on 2009-06-03 11:53
- The Fourth Circuit held that the Virginia Office of Protection and Advocacy cannot sue state health officials in federal court because sovereign immunity bars ...
- SCOTUS: States can't bar jurisdiction over § 1983 claims in state court [1%] by htobin, modified on 2009-05-26 12:27 , created on 2009-05-26 12:27
- The Supreme Court held 5-4 that a state may not exclude a class of claims under 42 U.S.C. § 1983 from its state courts when those courts entertain analogous ...
- D.Haw.: Medicaid managed care provisions enforceable under § 1983 [1%] by htobin, modified on 2009-05-26 12:25 , created on 2009-05-26 12:25
- Hawaii’s federal district court held that Medicaid’s freedom of choice provision, along with several provisions establishing requirements for Medicaid ...
- NSCLC applauds Sotomayor nomination for Supreme Court [1%] by htobin, modified on 2009-05-26 08:50 , created on 2009-05-26 08:50
- The National Senior Citizens Law Center applauds President Obama’s decision to nominate Judge Sonia Sotomayor to the United States Supreme Court.
- NSCLC applauds Sotomayor nomination for Supreme Court [1%] by htobin, modified on 2009-05-26 08:50 , created on 2009-05-26 08:50
- The National Senior Citizens Law Center applauds President Obama’s decision to nominate Judge Sonia Sotomayor to the United States Supreme Court.
- SCOTUS: Pensions based on '70s pregnancy discrimination are OK [1%] by htobin, modified on 2009-05-19 15:03 , created on 2009-05-19 15:03
- The Supreme Court held 7-2 that differential pension benefits for women who took pregnancy leave in the 1960s and ‘70s did not violate Title VII of the Civil ...
- 9th Cir.: Appeals court can't second-guess fees for mooted claims [1%] by htobin, modified on 2009-03-30 14:47 , created on 2009-03-30 14:47
- The Ninth Circuit reinstated an attorneys’ fees award it had previously vacated in an environmental case, holding that the court of appeals cannot review the ...
- 4th Cir.: EAJA fees go to claimants, not lawyers [1%] by htobin, modified on 2009-05-11 12:13 , created on 2009-05-11 12:13
- The Fourth Circuit held that attorneys’ fees under the Equal Access to Justice Act (EAJA) are payable to litigants and not directly to their lawyers – and ...
- En banc 9th Cir. upholds abrogation of immunity under Govt. Employee Rights Act [1%] by htobin, modified on 2009-05-06 10:13 , created on 2009-05-06 10:13
- The en banc Ninth Circuit held that sex and race discrimination, harassment and retaliation claims by employees of the Alaska governor’s office were not ...
- In "indecency" case, SCOTUS eases APA test for policy reversals [1%] by htobin, modified on 2009-04-29 07:41 , created on 2009-04-29 07:41
- The Supreme Court held 5-4 that the Federal Communications Commission’s reversal of a longstanding policy permitting “fleeting expletives” on broadcast ...
- SCOTUS: Harmful error can't be presumed veterans' cases [1%] by htobin, modified on 2009-04-28 08:03 , created on 2009-04-28 08:03
- The Supreme Court reversed, by a vote of 6-3, the Federal Circuit’s holding that the failure of the Veterans Administration (VA) to provide a required notice ...
- SCOTUS addresses stay standard in immigration case [1%] by htobin, modified on 2009-04-28 07:58 , created on 2009-04-28 07:58
- The Supreme Court held that 7-2 that the the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 does not alter the traditional grounds for a ...
- En banc 1st Cir. rejects fees in naturalization case [1%] by htobin, modified on 2009-04-17 11:47 , created on 2009-04-17 11:47
- The en banc First Circuit held 3-2 that a panel improperly approved attorneys’ fees under the the Equal Access to Justice Act (EAJA) for a naturalization ...
- 9th Cir.: Medi-Cal cuts create irreparable injury for hospitals [1%] by htobin, modified on 2009-04-08 09:09 , created on 2009-04-08 09:09
- The Ninth Circuit granted an emergency motion for preliminary injunction pending appeal against Medi-Cal reimbursement cuts for hospitals.
- Iowa/Mass.: Mixed results on FMLA immunity [1%] by htobin, modified on 2009-04-08 09:05 , created on 2009-04-08 09:05
- The Iowa Court of Appeals and Massachusetts's federal district court recently reached opposite conclusions on sovereign immunity under the self-care provision ...
- 9th Cir. opinion in Medi-Cal/Supremacy Clause case [1%] by htobin, modified on 2008-09-25 14:01 , created on 2008-09-25 14:01
- The Ninth Circuit has issued an opinion elaborating its holding this July which it held that Medicaid beneficiaries may sue under the Supremacy Clause to ...
- S.Ct.: Union workers can be forced to arbitrate ADEA claims [1%] by htobin, modified on 2009-04-03 11:23 , created on 2009-04-03 11:23
- Effectively overruling a thirty-five year-old decision protecting the civil rights of unionized employees, the Supreme Court held on Wednesday that individual ...
- M.D.Pa.: § 1983 rights in Medicaid anti-lien/recoupment provisions; qualified immunity [1%] by htobin, modified on 2009-04-02 13:03 , created on 2009-04-02 13:03
- A Pennsylvania federal district court held that Medicaid’s recoupment, anti-lien and anti-recovery provisions create enforceable rights under Section 1983.
- S.Ct.: Hawaii case takes on "rights-creating verbs" [1%] by htobin, modified on 2009-04-02 13:01 , created on 2009-04-02 13:01
- The Supreme Court unanimously held that a 1993 Congressional resolution apologizing for the 1893 overthrow of the Hawaiian monarchy did not limit that ...
- Alaska S.Ct.: No estoppel defense from food stamp recoupment [1%] by htobin, modified on 2009-03-30 14:52 , created on 2009-03-30 14:52
- The Alaska Supreme Court held that food stamp recipients cannot rely on the doctrine of equitable estoppel to resist recoupment of overpayments.
- N.Y.: Workers can enforce Housing Act wage contract [1%] by htobin, modified on 2008-06-12 08:35 , created on 2008-06-12 08:35
- New York’s highest court held that employees of New York City contractors may sue as third-party beneficiaries to enforce the contractors’ promise to pay ...
- 5th Cir.: No § 1983 rights re: public housing demolitions [1%] by htobin, modified on 2009-01-27 11:24 , created on 2009-01-27 11:24
- The Fifth Circuit held that U.S. Housing Act’s criteria for approving housing project demolitions do not create enforceable rights under 42 U.S.C. § 1983.
- 7th Cir.: Change of ADA claim from HIV to AIDS violates pleading standard [1%] by htobin, modified on 2009-03-09 15:05 , created on 2009-03-09 15:05
- The en banc Seventh Circuit upheld 6-4 summary judgment for an employer in an Americans with Disabilities Act (ADA) case, holding that it was proper to ...
- 9th Cir.: ADEA precludes § 1983/14th Am. claims [1%] by htobin, modified on 2009-02-24 07:48 , created on 2009-02-24 07:48
- The Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) precludes any remedies under 42 U.S.C. § 1983 for statutory or constitutional ...
- 10th Cir. upholds fees in naturalization case [1%] by htobin, modified on 2009-03-20 09:06 , created on 2009-03-20 09:06
- The Tenth Circuit held that an individual who obtained a court order instructing that he be naturalized was a prevailing party entitled to attorneys’ fees, ...
- S.Ct. holds 6-3 tort suits based on drug labels not preempted by FDA approval [1%] by htobin, modified on 2009-03-05 14:21 , created on 2009-03-05 14:21
- In a 6-3 decision by Justice Stevens, the Supreme Court rejected a drug company’s claim that state failure-to-warn suits are preempted by FDA approval of a ...
