United States Ninth Circuit
Resident Councils of Washington v. Leavitt, 05-36065
In an organization's challenge to regulations authorizing states to allow the use of paid feeding assistants to feed nursing home residents who do not have complicated feeding problems, summary judgment for defendant-agency is affirmed as plaintiffs were unable to establish that the agency's interpretation of the phrase "nursing or nursing-related services" to exclude the feeding of nursing home residents without complicated feeding problems will frustrate congressional intent or is otherwise inconsistent with the Nursing Home Reform Law.
Appellate Information
- Argued 07/12/2007
- Decided 08/31/2007
- Published 08/31/2007
Judges
- MICHAEL DALY HAWKINS, Circuit Judge:, Before: HAWKINS and KIM McLANE WARDLAW, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Eric M. Carlson, National Senior Citizens Law Center, Los Angeles, CA, for the plaintiffs-appellants., Morris J. Baller, Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland, CA; Alison E. Hirschel, Michigan Poverty Law Program, East Lansing, MI; Richard J. Mollot, Long Term Care Community Coalition, New York, NY, for amici curiae in support of the plaintiffs-appellants.
- For Appellees:
- Joshua Waldman, Department of Justice, Civil Division, Washington, D.C., for the defendant-appellee., Thomas W. Sondag, Portland, OR, for amicus curiae in support of the defendant-appellee.