News & Analysis as of

Preliminary Injunctions State and Local Government New York

Littler

DOJ Files a Statement of Interest in a Federal Lawsuit Against the NY Department of Health and Court Issues a Preliminary...

Littler on

As previously discussed, in Engesser v. McDonald, a class of Medicaid beneficiaries who receive personal care and home care services through New York’s CDPA Program (Consumers), and two independent living centers...more

Akerman LLP

Community Groups and Elected Officials Sue to Set Aside "City of Yes"

Akerman LLP on

On March 25, a group of civic associations, elected officials, and individual petitioners filed a proceeding in the Supreme Court, Richmond County, under Article 78 of New York’s Civil Practice Law and Rules (CPLR), seeking a...more

Littler

NY Federal Court Issues TRO Against the NY Department of Health

Littler on

As previously reported, in April 2024, New York’s Social Services Law was amended to include a substantial change to the state’s Consumer Directed Personal Assistance Program (CDPA Program), a Medicaid-funded program allowing...more

Cadwalader, Wickersham & Taft LLP

Stop! In the Name of Love…Err States’ Rights?

A recent decision by the United States District Court for the Northern District of New York (the “Court”) concluded that a federal court cannot prevent a state court foreclosure pursuant to the abstention doctrine set out by...more

Mandelbaum Barrett PC

NY Court Again Enjoins Cannabis Licensure Due to OCM’s Errors in Program Administration

Mandelbaum Barrett PC on

On December 12, 2024, the New York Supreme Court in Albany County granted an Article 78 petition seeking a preliminary injunction in the case of Organic Blooms, LLC, et al. v. New York State Cannabis Control Board and Office...more

Foley Hoag LLP - Cannabis and the Law

New York Regulator Sued by Medical Operators

The only guarantees in life are death, taxes, and cannabis lawsuits, and New York is no different. In a cannabis marketplace plagued by fits and starts, the New York Cannabis Control Board (“CCB”) Office of Cannabis...more

Sheppard Mullin Richter & Hampton LLP

Federal Judge in NY Issues Preliminary Injunction to Block Retail Cannabis Licenses on Constitutional Grounds

On November 10, 2022, in the matter Variscite NY One, Inc. v. State of New York, et al., the U.S. District Court for the Northern District of New York granted the plaintiff’s a motion for a preliminary injunction against the...more

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