United States Ninth Circuit

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.

Appellate Information

• Argued 05/15/2009
• Decided 07/14/2009
• Published 07/14/2009

Judges

• BYBEE, Circuit Judge:, Before:  ALEX KOZINSKI, Chief Judge, JAY S. BYBEE and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James L. Feldesman (argued), Feldesman Tucker Leifer Fidell LLP, Washington, DC;  Edward C. Kemper, Kemper & Watts, Honolulu, HI, for the plaintiff-appellant.


• For Appellees:
  
• John F. Molay, Deputy Attorney General, Department of the Attorney General, Honolulu, HI;  Charles A. Miller (argued), Covington & Burling, LLP, Washington, DC, for the defendants-appellees.