Diskin v. Consolidated Edison Co. of N. Y., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that the “unjustified isolation” of “disabled individuals in institutionalized care facilities constitutes discrimination on the basis of disability under the ADA”
• finding that the plaintiffs \suffered no unfair surprise or prejudice from defendant's failure to argue\ an issue on summary judgment
• discussing that an analysis under the comparability requirement must “entail some independent judicial assessment of whether a state has made its services available to all categorically needy individuals with equivalent medical needs”
• explaining that § 1396a(a)(30)(A) and § 1396a(a)(17) are not privately enforceable
• rejecting a claim that rested “entirely on an implied right of action arising out of the Supremacy Clause”
• “find[ing] it appropriate to exercise our discretion to resolve the Commissioner’s objection on the merits” when that argument had not been raised in opposition to the plaintiffs’ motion for summary judgment below

Source: CourtListener parenthetical corpus (CC0).