Court Decisions from 2010
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- E.D.Va: Minimum Coverage Provision of ACA Unconstitutional
- As the news media are widely reporting, Judge Henry Hudson ruled Monday that the individual mandate in the Patient Protection and Affordable Care Act (ACA) exceeds congressional authority under the Co...
- 9th Cir: Child Welfare Act enforceable under section 1983
- The Ninth Circuit held that foster care providers could enforce via 42 U.S.C. § 1983 the requirement in the Child Welfare Act (CWA) for payments to cover specific expenses....
- 6th Cir: Vacate Part But Not All of Medicaid Consent Decree
- The Sixth Circuit refused to completely vacate a consent decree enforcing a Medicaid provision involving services to children under the Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) ...
- D.N.J. Broadly Applies ACA Definition of Medical Assistance
- In an unreported decision, a New Jersey district court judge broadly applied the change in the definition of medical assistance that was included as part of the Patient Protection and Affordable Care ...
- 1st Cir: Plausibility is not Likelihood of Success
- Retired Supreme Court Justice David Souter wrote a decision for the First Circuit pushing back against the tightening of pleading standards in Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), extensively cit...
- 6th Cir: Sovereign Immunity But No Qualified Immunity
- The Sixth Circuit held that even though a city had total financial liability for a suit against a state district court, the state district court was still an arm of the state and therefore had soverei...
- NY App: Medicaid Class Action Not Moot and Not Require Exhaustion
- In a class action suit alleging inadequate notice of temporary Medicaid benefits and illegal delays in processing Medicaid applications in New York on behalf of a disabled individual seeking personal ...
- C.A.5: Texas Coal Plant Required to Abide by Reinstated Applicability of Clean Air Act Emission Standards
- The Fifth Circuit Court of Appeals held that a coal-fired power plant that had taken advantage of the removal of its category of polluters from a list of emission sources regulated under the Clean Air...
- S.Ct.: County Liable for Prospective Relief Under § 1983 Only for Own Policies
- The Supreme Court, resolving a circuit split, held that the limitation of 42 U.S.C. § 1983 to municipalities’ own policies and customs applied not only to claims for monetary damages but also to cl...
- CA9: Dissent re Interpretation of Scope of Sovereign Immunity
- Eight Ninth Circuit judges dissented in a written opinion from a denial of rehearing en banc for a February 2010 decision involving the interpretation of the scope of the federal government’s waiver...