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Medicaid preemption ruling nixes one-size-fits-all state liens

WASHINGTON – Several states will have to revisit their Medicaid reimbursement rules after the U.S. Supreme Court struck down a North Carolina law that set an automatic reimbursement rate for third-party tort awards as preempted by the Medicaid Act.

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Court: Loggers exempt from stormwater permitting rule

The Industrial Stormwater Rule under the Clean Water Act, as permissibly construed by the Environmental Protection Agency, exempts discharges of channeled stormwater runoff from logging roads from the permitting scheme under the National Pollutant Discharge Elimination System, the U.S. Supreme ...

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Justices look for line to draw in drug preemption case

WASHINGTON – Deciding where the preemptive effect of federal rules governing drug manufacturing ends and states’ ability to impose liability on drug makers begins has never been an easy task — not even for the justices of the U.S. Supreme ...

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ENVIRONMENTAL LAW

The Industrial Stormwater Rule under the Clean Water Act, as permissibly construed by the Environmental Protection Agency, exempts discharges of channeled stormwater runoff from logging roads from the permitting scheme under the National Pollutant Discharge Elimination System. See “Court: Loggers ...

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CLASS ACTIONS

A class action plaintiff could not avoid removal to federal court by stipulating that his total damages would be less than the $5 million jurisdictional threshold for application of the Class Action Fairness Act. See “Class plaintiff can’t avoid removal ...

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COPYRIGHT

A purchaser of foreign-made textbooks could not be held liable for copyright infringement for reselling the books in the U.S. without the publisher’s permission. See “Reseller of foreign-made works isn’t liable for infringement” U.S. Supreme Court. Kirtsaeng v. John Wiley ...

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