X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before Torruella, Selya and Lipez, Circuit Judges.

In August 2003, the New Hampshire Department of Health and Human Services (the “Department”) and a certified class of Medicaid-eligible children (the “Class”) reached a settlement agreement and proposed a consent decree (the “Decree”) that outlined the Department’s obligations to provide dental services to Medicaid-enrolled children in accordance with federal law. The district court approved the Decree on January 26, 2004. Between January 2007 and January 2010, the Class filed four motions in the district court, alleging that the Department was not complying with its obligations under the Decree and seeking various remedies. The district court denied each of the motions.

On appeal, the Class claims that the district court (1) erred by requiring the Class to file a motion for contempt*fn1 to enforce the Decree; (2) abused its discretion by denying the Class’s 2010 motion for contempt; (3) abused its discretion by denying the Class’s request for an evidentiary hearing in 2010; and (4) erred by holding the Class to a clear and convincing burden of proof on its 2010 motion to modify or extend the Decree.*fn2 After careful review of the record, we affirm.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›