Legal Opinion

New York Ex Rel. New York State Office of Children & Family Services v. United States Department of Health & Human Services' Administration for Children & Families

Court of Appeals for the Second Circuit

Decided February 13, 2009No. Docket 07-3858-cvPublishedCited by 28 opinions

1Opinion of the Court

REENA RAGGI, Circuit Judge:

Plaintiff State of New York sued defendants United States Department of Health and Human Services (“HHS”) Administration for Children and Families (“ACF”) and HHS Acting Secretary Charles E. Johnson in the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge) for failing to reimburse the state for certain foster care maintenance payments as provided by federal law. See 42 U.S.C. §§ 670-679b (Part E, “Federal Payments for Foster Care and Adoption Assistance”). Invoking the Administrative Procedure Act (“APA”), 5 U.S.C. §§…

2Cases cited14 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  4. Porter v. NussleSupreme Court of the United States · 2002
  5. Suter v. Artist M.Supreme Court of the United States · 1992

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3Cited by28 opinions

  1. In re C. P.Supreme Court of Vermont · 2012
  2. Clark v. AstrueCourt of Appeals for the Second Circuit · 2010
  3. AMW Materials Testing, Inc. v. Town of BabylonCourt of Appeals for the Second Circuit · 2009
  4. Intermountain Insurance Service of Vail, Ltd. Liability Co. v. CommissionerUnited States Tax Court · 2010
  5. N.Y.S. Citizens' Coal. for Children v. PooleCourt of Appeals for the Second Circuit · 2019

23 more not listed; retrieve them via the Exa API.

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