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King v. King
Washington Supreme Court Finds No State Constitutional Right to Counsel for Mother Who Appeared Pro Se at Trial and Lost Custody of Children to Father Who Was Represented by Counsel
by admin
December 06, 2007
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Bell v. Leavitt
Parties Voluntarily Dismiss Class Action Challenging Citizen Documentation Requirements for Medicaid
by admin
May 07, 2007
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Watters v. Wachovia Bank, N.A.
Supreme Courts Holds Federal Law Preempts State Regulation of Mortgage Lending Activities of Operating Subisidiaries of National Banks
by admin
April 17, 2007
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Florida Pediatric Society/The Florida Chapter of the American Academy of Pediatrics v. Levine
In Suit Alleging Florida Medicaid Program Denies Children Preventive Care, Federal District Court Finds Several Medicaid Provisions Create Enforceable Rights
by admin
March 08, 2007
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Doe v. Kamehameha Schools/Bernice Pauahi Bishop Estate
9th Circuit Holds Hawai'ian Private, Not-Profit School Receiving No Federal Funds May Give Preference to Native Hawai'ians In Its Admissions Policy
by admin
March 01, 2007
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Asmo v. Keane, Inc.
6th Circuit Holds That "Temporal Proximity" Of Firing and Pregnancy Is Sufficient To Show Nexus and Prima Facie Case Of Discrimination In Title VII Employment Discrimination Case
by admin
February 16, 2007
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Bruner v. Timberlane Manor Limited Partnership
Oklahoma Supreme Courts Holds That Federal Arbitration Act Does Not Apply To Nursing Home Admission Contract And Contract’s Arbitration Provision Is Unenforceable Under State Nursing Home Care Act
by admin
February 16, 2007
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Chambers v. City and County of San Francisco
Institutionalized, Disabled Medi-Cal Recipients Who Require Long-Term Care File Suit Alleging San Francisco Is Violating the ADA By Failing to Provide Community-Based Services
by admin
February 16, 2007
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Coverall North America, Inc. v. Commissioner of the Division of Unemployment Assistance
Massachusetts Supreme Court Finds Janitor Who Signed Franchise Agreement Was Not An Independent Contractor And Is Entitled To Unemployment Compensation
by admin
February 16, 2007
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Parker v. Taylor
Washington Court of Appeals Holds Landlord Must Store Evicted Tenant's Property In Secure Area
by admin
February 15, 2007
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Action Alliance of Senior Citizens v. Leavitt
District Court Holds That Where HHS Overpaid Part D Premiums, Its Own Regulations Require That It Must Issue Notice To Participants That They May Seek Waiver of Repayment; Preliminary Injunction Granted; Stayed on Appeal
by admin
February 13, 2007
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Granda v. City of St. Louis
Eighth Circuit Holds That Parent Incarcerated Due To Child’s Truancy Does Not Have Section 1983 Claim Because Decision Was A Judicial Decision, Not A Policy Decision Creating Municipal Liability
by admin
February 13, 2007
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Amunrud v. Board of Appeals
Washington Supreme Court Holds Suspension of Commercial Driver’s License For Failure To Pay Child Support Does Not Violate Procedural or Substantive Due Process Rights
by admin
February 13, 2007
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Richlin Security Service Company v. Chertoff
Federal Circuit Holds That The Equal Access to Justice Act Permits Reimbursement Only For Paralegals At Cost, Not Market Rate in Contractor Case Against INS
by admin
February 13, 2007
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State ex rel. Gross v. Industrial Commission
Ohio Supreme Court Holds That Termination For Workplace Misconduct Resulting in Injury Constitutes Voluntary Abandonment of Employment Barring Workers Compensation
by admin
February 13, 2007
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Retail Industry Leaders Association v. Fielder
4th Circuit Holds That Maryland Law Requiring Large Employers to Spend 8% of Total Payroll On Health Insurance Or Pay Shortfall to State Is Preempted by ERISA
by admin
February 09, 2007
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Texas Bankers Association v. Association of Community Organizations For Reform Now (ACORN)
Texas Agencies Appeal State Court Summary Judgment Invalidating Agencies’ Rules On Home Equity Loans As Violative Of State Constitution Which Limits Such Lending
by admin
February 08, 2007
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GMAC Repossession Cases (Smith v. GMAC)
Proposed Settlement Reached in Class Action Suits Alleging GMAC’s Post- Repossession Notices Violated California Law Requires GMAC To Erase Deficiency Balances, Refund Consumers and Creates a Settlement Fund
by admin
February 08, 2007
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Austin v. Goodno
Minnesota District Court Finds State Incorrectly Included Housing Subsidy As Income In Determining Eligibility for Welfare Benefits
by janinefletcher
February 01, 2007
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Hackett v. Barnhart
10th Circuit Holds That Equal Access To Justice Act Attorney Fees Should Be Awarded In Social Security Disability Benefits Case Because The Reasonable Litigation Stance by Government Did Not “Cure” The ALJ’s Unreasonable Decision
by admin
January 26, 2007
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Ekloff v. Rodgers
Consent Decree Entered in Federal District Court Requring Arizona Under Medicaid EPSDT to Provide Incontinence Briefs To More Classes of Disabled Children
by admin
January 25, 2007
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Chamberlain v. Washington Department of Social and Health Services
In Class Action, Washington Superior Court Finds State Use Of Emergency Rulemaking Power To Reduce Food Stamp Benefits Unlawful; Agency Should Have Followed Statutory Rulemaking Procedures
by admin
January 25, 2007
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Lee v. Spellings
8th Circuit Holds Elimination of Statute of Limitations for Collecting Student-Loan Debt Does Not Violate Due Process In Suit Challenging Offset of Social Security Benefits
by admin
January 25, 2007
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Public Utilities Commission v. Federal Energy Regulatory Commission
9th Circuit Holds FERC Used Wrong Standards In Deciding Rates Set In Contracts California Entered Into During Its 2001 Energy Crisis Should Not Be Modified
by admin
January 23, 2007
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Pledger v. Public Utilities Commission
Ohio Supreme Court Holds That Landlord Is Not A Public Utility When He Meters and Charges Tenants For City Supplied Water Use and Sewage
by admin
January 23, 2007
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Madrid v. Barnhart
10th Circuit Reverses ALJ Denial of SSA Disability Insurance Benefits to Applicant With Rheumatological Disorder Finding That ALJ Failed to Request Medical Records
by admin
January 23, 2007
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Christianson v. Leavitt
Suit Filed in Washington District Court Alleges Faith-Based Group Has Violated Establishment Clause By Using Federal Grant Monies To Fund Its “Bible-Based” Marriage Counseling Services And Expand Religious Programming
by admin
January 22, 2007
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Simmonds v. New York City Department of Corrections
Victims of Sexual Assault and Domestic Violence by Co-Workers File Suit Alleging New York City Department of Corrections Sexually Discriminated Against Them in Violation of Title VII and State Law and Violated City Laws By Discriminating Against Sexual Assault Victims and Committing Gender-Motivated Violence
by admin
January 19, 2007
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Mandy R. v. Owens
10th Circuit Holds That Equal Access Provision of Medicaid Act Is Not Enforceable Under Section 1983 in Suit Brought By Developmentally Disabled and Health Providers Challenging Colorado Waiting List For Home and Community-Based Services
by admin
January 19, 2007
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Washington Legal Foundation v. Leavitt
District Court Denies Preliminary Injunction In Suit Alleging DHHS’ Policy Restricting Health Care Providers From Giving Information To Seniors and Disabled About Competing Medicare Part D Prescription Drug Plans Violates First Amendment Rights Finding It Unlikely Plaintiffs Will Establish Standing
by admin
January 19, 2007
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Lankford v. Sherman
8th Circuit Holds That Medicaid DME Requirements Are Not Enforceable Under Section 1983 But That Missouri’s Regulations Limiting DME Eligibility Are Preempted By Medicaid Act’s “Reasonable Standards” Requirement; Vacates District Court’s Denial of Preliminary Injunction
by admin
January 19, 2007
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Chicago Lawyers' Committee For Civil Rights Under Law, Inc. v. Craigslist, Inc.
Seventh Circuit Holds that Craigslist is Not Liable For Discriminatory Housing Ads Because Not A "Publisher" Under Communications Decency Act
by admin
January 19, 2007
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Gamez v. Industrial Commission
Arizona Court of Appeals Upholds Denial of Worker’s Compensation Based On Conflicting Medical Evidence; Concurring Opinion Would Deny Benefits Because Undocumented Worker Not an “Employee”
by admin
January 19, 2007
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Arnold v. Martin
10th Circuit Holds That In Section 1983 Suit, Georgia Former TANF Recipient Does Not Have Standing To Seek Prospective Injunctive Relief For Child Support Payments
by admin
January 19, 2007
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Dark v. Curry County
9th Circuit Overturns Summary Judgment in ADA Suit Holding Oregon County Should Have Considered Reasonable Accomodation Of Reassignment to Job That Would Likely Become Available Soon
by admin
January 18, 2007
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Johnson v. City of Detroit
6th Circuit Holds Lead-Based Paint Poisoning Prevention Act and Housing Act Do Not Create Individual Rights Enforceable Under Section 1983
by admin
January 18, 2007
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Brancatelli v. Berns
Arizona District Court Approves Settlement Requiring State Agency to Process Food Stamp Applications Within Time Frames Set Forth in Food Stamp Act
by admin
January 18, 2007
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Holsum De Puerto Rico, Inc. v. National Labor Relations Board
1st Circuit Upholds NLRB’s Order That Employer Reinstate Employees Illegally Terminated for Unionization Activities
by admin
January 12, 2007
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Hill v. Sisters of St. Francis Health Services, Inc.
Federal District Court Denies Motion to Dismiss Suit Charging Hospital’s Practice Of Billing Uninsured At Higher Rates Violates Illinois Consumer Fraud Act and Is Unconscionable
by admin
January 09, 2007
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Cerrillo v. Esparza
Washington State Minimum Wage Law Provision Exempting Haulers of Agricultural Commodities From Overtime Wage Requirements Applies To Non-Farmer-Owned Truck Companies
by admin
January 09, 2007
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Retail Industry Leaders Association v. Suffolk County
Retailers File Suit Alleging New York County Law Requiring Large Grocery Retailers - Unless Unionized - To Spend Specific Amount On Employee Health Care Violates ERISA, Equal Protection Rights and State Law
by admin
January 05, 2007
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Burlington Northern and Santa Fe Railway Company v. White
Supreme Court Holds That Title VII Anti-Retaliation Provision Applies to Actions That Are “Materially Adverse To A Reasonable Employee or Applicant” and That “Could Well Dissuade A Reasonable Worker” From Making A Charge of Discrimination
by admin
January 05, 2007
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Carter v. Walley
Joint Stipulation in Food Stamp Act Suit Declares Disabled Woman And Son Living With Her Mother Are A Separate Household
by admin
December 30, 2006
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Mendoza v. Neely
Tennessee Court Finds That Where Agency Knows Claimant Has Limited English Proficiency, It Must Send Notice Of Denial of Unemployment Benefits and Right to Appeal in Claimant’s Native Language
by admin
December 26, 2006
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Project Vote v. Blackwell
Federal District Court Grants Preliminary Injunction in Suit Alleging Ohio Voter Registration Law Violates First Amendment Rights of Voter Registration Workers and National Voter Registration Act; Court To Rule on Motion to Dismiss
by admin
December 22, 2006
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Harkless v. Blackwell
Public Assistance Recipients Allege Ohio’s Failure To Implement A Voter Registration Program Through Public Assistance Offices Violates National Voter Registration Act; Motions to Dismiss Filed
by admin
December 21, 2006
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Boyle v. Arnold-Williams
Proposed Settlement Agreement in Medicaid Home and Community-Based Services Waiver Program Case Would Require Washington State to Provide Annual Individual Assessments, Choice, Prompt Delivery of Services and Timely Notice
by admin
December 20, 2006
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National Federation of the Blind v. Target Corporation
District Court in California Denies Motion to Dismiss Class Action Alleging Inaccessibility of Target.com to Blind Violates ADA and State Law
by admin
December 19, 2006
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OneSimpleLoan v. United States Secretary of Education
Congressional Representatives File Second Circuit Amici Brief Arguing Presidential Signing of Deficit Reduction Act of 2005 Version Not Agreed To By House, Which Includes Changes In Medicare Payments for Medical Durable Equipment, Violates Constitution
by admin
December 08, 2006
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Kaplan v. Chertoff
Elderly and Disabled Humanitarian Immigrants Seek Injunction in Class Action Alleging Automatic Termination of SSI Benefits Due to Failure to Gain Citizenship Violates Due Process and Equal Protection Rights
by admin
December 07, 2006
