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Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. The question now is how much of the total settlement Florida can recover.
The Ninth Circuit Court of Appeals reversed a district courtdecision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). Circuit Court of Appeals to expedite consideration of their petition for review.
The court also temporarily enjoined two felony riot statutes because they went “far beyond” the State’s “appropriate interest” in criminalizing participation in a riot with acts of force or violence. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. 97182-0 (Wash. 2012 CA 008263 B (D.C.
Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. Florida Appellate Court Affirmed Dismissal of Young People’s Climate Case.
Supreme Court Said Florida Failed to Prove Georgia’s Overconsumption of Water Caused Injuries. Supreme Court dismissed Florida’s original jurisdiction case seeking an equitable apportionment of the waters of the Apalachicola-Chattahoochee-Flint River Basin. Georgia , No. Bureau of Land Managemen t , No. 21-35085 (9th Cir.
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