The Volokh Conspiracy
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D.C. Circuit Reverses District Court for the Third Time in a Single Case
Somehow a district court has made erroneous rulings three times in one case, and still has not reached the merits.
Today the U.S. Court of Appeals for the D.C. Circuit decided Maldonado v. District of Columbia for the third time. As on the prior two occasions, the D.C. Circuit concluded that the district court improperly dismissed the case.
Here's Judge Tatel's quick summary:
More than a decade ago, Medicaid recipients filed this suit alleging that in violation of the Due Process Clause, the District of Columbia is failing to provide them notice and an opportunity to be heard when denying them prescription coverage. The case is now before us for the third time. In the first two appeals, we reversed the district court's dismissals for lack of standing and for failure to state a claim, respectively. On remand, the district court once more dismissed the case, this time for mootness. For the reasons set forth below, we again reverse and remand with instructions to proceed expeditiously with discovery and allow plaintiffs to make their case.
Perhaps the third time will be the charm and the plaintiffs will finally have the opportunity to have their claims heard.
