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eBook details

• Title: Roob v. Fisher
• Author : In the Court of Appeals of Indiana
• Release Date : January 21, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 47 KB

Description

In our original published opinion, we concluded that neither Medicaid Providers nor Recipients have a private right of action pursuant to Section 1983. Roob v. Fisher, 856 N.E.2d 723 (Ind. Ct. App. 2006). The Appellees have filed a petition for rehearing in which they point out that the State conceded the issue of Recipient standing at the trial court level. Moreover, the State did not explicitly challenge the Recipients standing in its opening appellate brief. We concluded in our original opinion that the States limited mention of the Recipients in its opening brief was sufficient to keep the issue alive. Id. at 732-33. In light of the States concession below, however, we now find that it has waived the issue of the Recipients standing. Thus, we grant rehearing for the limited purpose of vacating that portion of our original opinion that holds that the Recipients do not have standing in this matter. In all other respects, we deny the petition for rehearing.

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