Federal Rights

NSCLC works to preserve the ability of the courts and Congress to protect the health, security and civil rights of individuals under federal law. The cases it deals with often need decisions by the highest courts.

  • Amicus Brief: Compucredit Corp. v. Wanda Greenwood (Supreme Court)
    A case pending at the Supreme Court regarding the right to arbitrate could potentially address whether a statutory notice requirement conveys rights.  NSCLC joined with AARP to file a Supreme Court amicus brief addressing this important issue.

  • Amicus Brief: Court Applies Improper Legal Standards
    In an amicus brief, NSCLC argues that a lower court applied the improper legal standard in treating the CMS letter as if it should be granted the same level of deference as a published regulation. Read the Amicus Brief.

  • AARP/NSCLC File Third Party Beneficiary Amicus Brief
    AARP and NSCLC joined forces to file an amicus brief with the Supreme Court in support of third-party beneficiary contract claims in Astra v. Santa Clara. Read the Amicus Brief (Dec. 20, 2010)

  • Amicus Brief: Virginia Office for Protection and Advocacy v. Reinhard
    NSCLC was lead author in an amicus brief that argued that the opinion of an appellate court threatens the supremacy of federal law.  The case appeals the Fourth Circuit’s decision in a case involving a state agency that sought to obtain medical reco...

  • Amicus Brief: Immel v. Lumpkin
    SUMMARY OF ARGUMENT The district court’s holding that the Rooker-Feldman doctrine bars federal court review of the decision of a state administrative agency was clearly in error.  The decision below conflicts with holdings of the Supreme Court, thi...

  • Amicus Brief: Uhm et al v. Humana Inc.
    SUMMARY OF ARGUMENT This Court should reverse the district court’s order dismissing Plaintiffs-Appellants’ action on the grounds that the claims were preempted. The Court must apply the presumption against preemption, recognizing the historic p...

  • Maxwell-Jolly v. Independent Living Center
    BRIEF IN OPPOSITION INTRODUCTION This petition should be denied. The Ninth Circuit below, in an interlocutory order, judgment and opinion filed July 11, 2008 (to which the September 17, 2008 Opinion, reprinted by petitioner at Pet. App. 1a-36...

  • Amicus Brief: Independent Living Center v. Shewry
    SUMMARY OF ARGUMENT This Court should affirm the district court’s order granting in part, Petitioners-Appellees’ (Petitioners) motion for preliminary injunction. The California Medicaid program, Medi-Cal, has the lowest Medicaid spending per enrol...