Legal Opinion

Kessler v. Blum

District Court, S.D. New York

Decided July 10, 1984No. 82 Civ. 4576(RWS)PublishedCited by 14 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

This is a class action for declaratory and injunctive relief pursuant to 42 U.S.C. § 1983. The plaintiffs and the proposed plaintiff-intervenors are all New York State Medicaid recipients. The defendants are New York State and City officials charged with administering the prior approval program for providing certain medical care and services for Medicaid recipients.

Plaintiffs have moved for partial summary judgment under Fed.R.Civ.P. 56 and for class certification under Fed.R.Civ.P. 23(a). Plaintiffs have also moved to add additional defendants pursuant to…

2Cases cited24 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  4. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  5. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976

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3Cited by14 opinions

  1. Doe v. ChilesCourt of Appeals for the Eleventh Circuit · 1998
  2. B.K. v. Thomas BetlachCourt of Appeals for the Ninth Circuit · 2019
  3. Sobky v. SmoleyDistrict Court, E.D. California · 1994
  4. Medicare & Medicaid Guide P 46,088, 11 Fla. L. Weekly Fed. C 1071 John/jane Doe, 1-13 by and Through Mr./mrs. Doe Sr. No.'s 1-13 as Natural Guardians on Behalf of John/jane Doe 1-13 and on Behalf of Those Similarly Situated, Florida Association of Rehabilitation Facilities Incorporated, a Not-For-Profit Association, United Cerebral Palsy of Florida, Incorporated, a Florida Not-For-Profit Corporation v. Lawton Chiles, in His Official Capacity as Governor of the State of Florida, Robert Williams, Individually and in His Official Capacity as Secretary of the Department of Health & Rehabilitative Services of the State of Florida, Gary Clarke, Individually and in His Official Capacity as Assistant Secretary for Medicaid, Department of Health & Rehabilitative Services of the State of Florida, Charles Kimber, in His Official Capacity as Assistant Secretary for Developmental Services of the Department of Health & Rehabilitative Services, State of Florida, Secretary of the Department of Health and Rehabilitative Services, Edward A. Feaver, in His Official CapacityCourt of Appeals for the Eleventh Circuit · 1998
  5. McMillan v. McCrimonDistrict Court, C.D. Illinois · 1992

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