AlohaCare v. Hawaii, No. 08-16589

In an action claiming that defendant-state violated the Medicaid Act by awarding a managed health care contract to plaintiff's competitors, dismissal of the complaint is affirmed where 42 U.S.C. section 1396b(m) does not confer a federal right to contract eligibility on plaintiff that could be remedied under Section 1983.

Read AlohaCare v. Hawaii, No. 08-16589

Appellate Information

Argued and Submitted May 15, 2009

Filed July 14, 2009

Judges

Opinion by Judge Bybee

Counsel

For Appellant:

James L. Feldesman, Feldesman Tucker Leifer Fidell LLP, Washington, DC

For Appellees:

John F. Molay, Deputy Attorney General, Department of the Attorney General, Honolulu, HI

Charles A. Miller, Covington & Burling, LLP, Washington, DC