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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
Q & A: Coverage of Gastric Bypass Surgery
Jane Perkins Issue Brief
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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
Burden of Proof in Medicaid Hearings
Jane Perkins and Sarah Somers Issue Brief
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Shut Out of the Courthouse: Why People with Disabilities Need to Know What Sover

Q & A: Coverage of Gastric Bypass Surgery

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

Burden of Proof in Medicaid Hearings