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July 23, 2013
Shut Out of the Courthouse: Why People with Disabilities Need to Know What Sover
dfitzgerald Issue Brief
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July 23, 2013
Brief Medicaid Overview & Waivers
dfitzgerald Presentation
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July 23, 2013
Narrow but Decisive Victory for People with Disabilities
dfitzgerald Issue Brief
On May 17, 2004 the Supreme Court held that individuals could sue state governments for money damages when the states violated certain provisions of Title II of the Americans with Disabilities Act. Tennessee v. Lane, No. 124 S.Ct. 1978 (2004). Title II of the ADA…
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July 23, 2013
Fifth Circuit Issues Good Opinion on Sovereign Immunity
dfitzgerald Issue Brief
On August 11, in a 2-1 opinion, the Fifth Circuit affirmed a district court decision that state officers, sued in their official capacities for prospective relief, are proper defendants under Title II of the Americans with Disabilities Act (ADA). In McCarthy v. Hawkins, the plaintiffs, a group of…
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July 23, 2013
Ninth Circuit reaffirms position that Title II validly abrogates sovereign immu
dfitzgerald Issue Brief
Ninth Circuit reaffirms position that Title II validly abrogates sovereign immunityThe Ninth Circuit reaffirmed its previous holdings that Title II of the ADA validly abrogates the states? sovereign immunity from suits for damages. In Phiffer v. Columbia River Correctional Authority, No. 01-35984 (9th Cir. 2004), the court of appeals…
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July 23, 2013
Massachusetts and Ohio District Courts finds some Medicaid Claims Enforceable
dfitzgerald Press Release
The federal district court for Massachusetts has allowed a number of Medicaid claims for dental services made by an organization and beneficiaries to proceed to trial. Health Care for All, Inc. V. Romney, No. 00-10833-RWZ (D. Mass. Oct. 1, 2004). The court held that a number of crucial…
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Author archive for dfitzgerald

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Shut Out of the Courthouse: Why People with Disabilities Need to Know What Sover

Brief Medicaid Overview & Waivers

Narrow but Decisive Victory for People with Disabilities

Fifth Circuit Issues Good Opinion on Sovereign Immunity

Ninth Circuit reaffirms position that Title II validly abrogates sovereign immu

Massachusetts and Ohio District Courts finds some Medicaid Claims Enforceable