Legal Opinion

Asante v. Cal. Dep't of Health Care Servs.

District Court, N.D. California

Decided August 1, 2018No. Case No. 14-cv-03226-EMCPublished

1Opinion of the Court

ORDER GRANTING DEFENDANTS' MOTION FOR ENTRY OF JUDGMENT

EDWARD M. CHEN, United States District Judge *1201The parties disagree whether anything remains to be litigated in this case following the Ninth Circuit's reversal of this Court's prior grant of summary judgment in favor of Plaintiffs under the interstate commerce clause. Plaintiffs insist that, following their loss of the commerce clause claim, they may now pursue a theory challenging Defendants' conduct under the Fourteenth Amendment's Equal Protection Clause. Defendants argue that Plaintiffs have waived that theory. For the reasons…

2Cases cited28 opinions

  1. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  2. Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
  3. Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980
  4. Ackermann v. United StatesSupreme Court of the United States · 1950
  5. Eason v. ThalerCourt of Appeals for the Fifth Circuit · 1996

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