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First Amendment Rights of Licensed Teacher Litigated in Federal Court
Category: Appellate Law, Education
A licensed teacher was investigated, but the case was closed without disciplinary action taken. The teacher was warned that the existence of the investigation and its outcome were to remain strictly confidential. The teacher claimed that this is contrary to his First Amendment rights. Can the…
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State Hospital Association Fights Changes to Medicaid DSH Payment Rules
Category: Appellate Law, Eighth Circuit Appellate , Health Care, Litigation
For hospitals that “serve a disproportionate number of indigent patients” Medicaid allows for supplemental payments to help ensure their financial viability. The calculation of those supplemental payments recently became the subject of litigation brought by a state hospital association, culminating…
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Business Defeats Certification of Nationwide Class Action in Eighth Circuit Appeal
Category: Appellate Law, Class Action, Eighth Circuit Appellate , Litigation
In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of the problem was that those claims had been consolidated in this…
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Are Hospital Clinics Tax Exempt in Arkansas? Court of Appeals Weighs in on the Bounds of the Public-Charity Tax Exemption
Category: Appellate Law, Health Care, Litigation, Tax
It is widely recognized that the public-charity tax exemption in the Arkansas Constitution covers charitable hospitals, provided they meet certain criteria established by Arkansas Supreme Court case law. But what about a free standing clinic owned and operated by a charitable hospital? And does…
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Arkansas Business Fights NLRB to the Eighth Circuit
Category: Appellate Law, Business, Eighth Circuit Appellate , Employment, Litigation
A recent Eighth Circuit Court of Appeals opinion should serve as a reminder to Arkansas businesses that the National Labor Relations Board (“NLRB”) (the federal governmental agency responsible for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices) remains…
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