United States Ninth Circuit

In a case about suspension of a doctor from the Medi-Cal program, denial of a preliminary injunction to halt plaintiff's suspension is affirmed where: 1) California Welfare and Institutions Code section 14043.36(a) is not preempted by federal Medicaid law; 2) nothing within federal Medicaid law gives plaintiff an enforceable federal right to a hearing before suspension by the state from Medi-Cal; and 3) suspension from Medi-Cal does not deprive plaintiff of freedom or due process in violation of the Fourteenth Amendment.

Appellate Information

• Argued 06/04/2008
• Decided 09/23/2008
• Published 09/23/2008

Judges

• O'SCANNLAIN, Circuit Judge:, Before: DAVID R. THOMPSON, DIARMUID F. O'SCANNLAIN, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Patric Hooper, Hooper, Lundy & Bookman, Inc., Los Angeles, CA, argued the cause for the plaintiff-appellant and filed briefs.


• For Appellees:
  
• Janet E. Burns, Deputy Attorney General, State of California, Los Angeles, CA, argued the cause for the defendant-appellee and filed a brief;  Phillip J. Matsumoto, Deputy Attorney General, Richard T. Waldow, Supervising Attorney General, Douglas M. Press, Senior Assistant Attorney General, and Edmund G. Brown, Jr., Attorney General for the State of California, were on the brief.