United States Eighth Circuit

Denial of a preliminary injunction to prohibit enforcement of state regulations curtailing the provision of durable medical equipment to most categorically needy Medicaid recipients is vacated and remanded for further proceedings where the district court erred in finding that plaintiffs did not have a reasonable likelihood of success on the merits of their claim that the challenged regulations were pre-empted by Medicaid's reasonable-standards requirement.

Appellate Information

• Decided 06/22/2006
• Published 06/22/2006

Judges

• BENTON, Circuit Judge., Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Martha J. Perkins, argued, Chapel Hill, North Carolina (Jane Perkins and Sarah Somers, Chapel Hill, North Carolina;  Joel Ferber, Ann B. Lever, and Daniel Claggett, Legal Services of Eastern Missouri, St. Louis, Missouri;  Michael Finkelstein, Missouri Protection and Advocacy, Jefferson City, Missouri;  Thomas E. Kennedy, III and Deborah S. Greider, Alton, Illinois;  Rochelle Bobroff and Dorothy Siemon, AARP Foundation Litigation, Washington, D.C.;  Henry A. Freedman, Marc Cohan, Petra T. Tasheff, Cary L. LaCheen, and Brooke Richie, New York, New York;  Michael Ferry, Gateway Legal Services, Inc., St. Louis, Missouri;  Sidney D. Watson and John J. Ammann, St. Louis University School of Law, St. Louis, Missouri;  Lewis Golinker, Ithaca, New York;  Ed King and Eugene Coffey, National Senior Citizens Law Center, Washington, D.C., on the brief), for appellant.


• For Appellees:
  
• Gary L. Gardner, Asst. Atty. Gen., argued, Jefferson City, Missouri, for appellee.