Legal Opinion

Emerson v. Wynia

District Court, D. Minnesota

Decided January 10, 1991No. Civ. 4-89-1034PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on the parties’ cross motions for summary judgment. Plaintiff’s motion will be granted and defendants’ motions will be denied. FACTS

The facts in this case are not in dispute. The plaintiff class in this action is composed of individuals who have been or will be denied or terminated from medical assistance because of defendant Wynia’s policy of refusing to exclude court-ordered child support payments from countable income under the Minnesota Medical Assistance program. The named plaintiff James B. Emerson is 51…

2Cases cited12 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  3. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  4. Heckler v. TurnerSupreme Court of the United States · 1985
  5. Atkins v. RiveraSupreme Court of the United States · 1986

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3Cited by8 opinions

  1. Emerson v. SteffenCourt of Appeals for the Eighth Circuit · 1992
  2. Himes v. SullivanDistrict Court, W.D. New York · 1991
  3. Ussery v. Kansas Department of Social & Rehabilitation ServicesSupreme Court of Kansas · 1995
  4. Peura ex rel. Herman v. MalaCourt of Appeals for the Ninth Circuit · 1992
  5. Estate of G.E. v. Division of Medical Assistance & Health ServicesNew Jersey Superior Court Appellate Division · 1994

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