Does the Fair Housing Act allow for disparate impact claims? On January 21, 2015, the Supreme Court hear a housing discrimination case in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. (No. 13-1371). Continue reading January 21, 2015 Supreme Court: Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.
Do Medicaid healthcare providers have a private “private right of action” to enforce Medicaid law, specifically reasonable payment requirements? On January 20, 2015, the Supreme Court is set to hear arguments in Armstrong v. Exceptional Child Center (No. 14-15). The case involves “Supremacy Clause” (Art. 6, Clause 2 of the U.S. Constitution) and whether it gives Medicaid healthcare providers a “private right of action” to enforce Medicaid law. Continue reading January 20, 2015 Supreme – Armstrong v. Exceptional Child Center
Last week, I blogged on Mellouli v. Holder. After a “tip” (i.e. someone e-mailed a Washington Post article to me), the case got a lot more interesting. The case is about a sock.
Of course, the sock in question was holding four tablets of Adderall–a Schedule II drug under federal law. (Although there was apparently no lab testing of the substance in the sock nor did it appear to have been specifically listed in the charging documents.) Continue reading The Case about a Sock: Mellouli v. Holder revisited
The Supreme Court will also hear Wellness Int’l Network v. Sharif (No. 13-935). In this case the defendant, Sharif, sought bankruptcy after a court entered a $650,000 judgment against him after he failed to complete discovery. The case involved a significant amount of litigation around the country and ultimately landed on appeal in the Seventh Circuit Court of Appeals. Part of the issue was a waiver of a constitutional challenge to whether a bankruptcy court can issue a final order. Continue reading January 14, 2015 Supreme Court: Wellness Int’l Network v. Sharif
On January 14, 2015, the Supreme Court will hear arguments in an immigration case, Mellouli v. Holder (No. 13-1034). Mellouli will require the Supreme Court Justices to determine whether a Tunisian Immigrant convicted of possessing drug paraphernalia can be removed from the United States (deported) under Section 237(a) of the Immigration and Nationality Act (8 U.S.C. § 1227(a)(2)(B)(i)). Continue reading January 14, 2015 Supreme Court: Mellouli v. Holder
Can the family of a soldier who died when he was electrocuted while showering in a facility constructed by a military contractor sue the contractor for the soldier’s wrongful death? Kellogg Brown & Root Services, Inc. v. Harris will address this question. Cases like this are so fascinating because they are really a gate-keeper issue, that is, they address whether a person can even access the court to present a claim.
The case deals with the Federal Tort Claims Act and began when a military staff sergeant was electrocuted while taking a shower due to an ungrounded wire. The family sued the contractor for wrongful death that was allegedly to the negligent maintenance by the contractor, Kellogg, Brown & Root Services, Inc. Continue reading January 13, 2015 Supreme Court: Kellogg Brown & Root Services, Inc. v. Harris
On January 13, 2015, the Court will hear arguments in Mach Mining v. Equal Opportunity Employment Commission (No. 13-1019). The case originated in 2008 in Illinois after a woman filed a complaint with the EEOC alleging that Mach Mining had refused to hire her for a mining job because of her gender. The agency investigated and found there was reasonable cause to believe Mach Mining had discriminated against a class of female individuals. In 2010, the EEOC notified Mach Mining of its intent to begin informal conciliation. The company and the EEOC discussed possible resolutions, but they never reached one. In 2011, the EEOC notified Mach Mining that it had determined the conciliation process had been fruitless and further efforts would be futile. Continue reading January 13, 2015 Supreme Court: Mach Mining v. EEOC