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Court decisions from 2007

NSCLC Website<- Areas of Expertise<- Court Access -- Federal Rights Project<- Commentary on Important Court Decisions<- Court decisions from 2007
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  • SCt Patent Case re Art. III jurisdiction
  • The Supreme Court’s decision in a patent case has some language that could be useful for enforcing federal rights in other contexts. The case involved whether a company that believed it did not owe...
  • Tex. App. Court rejects sov. immunity claim by Medicaid agency
  • Two managed care organizations (MCOs) sued the Texas Health and Human Services Commission (HHSC) for failing to disenroll underweight newborns eligible for SSI from the capitated Medicaid managed care...
  • Flo. Dt. Ct. section 1983 decision
  • In a case regarding medical and dental services for children under Medicaid, the US District Court for the Southern District of Florida issued an order denying the bulk of the state’s motion to dism...
  • S.Ct. Cert in 2 cases
  • On January 12, 2007, the Supreme Court granted certiorari in one case involving attorney fees under federal law and in a second case regarding federal jurisdiction to hear state law claims. ...
  • Fourth Circuit Holds that ERISA Preempts Maryland's health care law
  • In Retail Industry Leaders Ass'n v. Fielder, No. 06-1840, 475 F.3d 180 (Jan. 17, 2007), the Fourth Circuit held that Maryland's Fair Share Health Care Fund Act (Fair Share Act) was preempted by ERISA....
  • 4th Cir. defers to fed govt in Medicaid case
  • The Court of Appeals for the Fourth Circuit gave great deference to CMS in a decision regarding CMS’s disapproval of an amendment to West Virginia’s Medicaid Plan defining undue hardship for estat...
  • Dt. Ct. Abstains from hearing Foster Care case
  • The federal district court in Nebraska has dismissed entirely a case seeking systemic changes in the Nebraska foster care program, choosing to abstain from hearing plaintiffs’ claims under Younger v...
  • S.Ct. Prisoner Court Access Case
  • The Supreme Court reversed a Sixth Circuit decision that placed judicial roadblocks on the filing of prisoner litigation above and beyond statutory provisions and federal rules. The Prison Litigation...
  • Fed.Cir. 11th Am. Case
  • The Court of Appeals for the Federal Circuit ruled in a patent case that when a state initiates litigation-type federal administrative action, it waives sovereign immunity for federal court appeal. V...
  • 3d Cir. Upholds ADA in Public Education
  • The Court of Appeals for the Third Circuit agreed with three other courts of appeals that Congressional abrogation of sovereign immunity in Title II of the Americans with Disabilities Act (ADA) was va...

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