Child Welfare Act Action, and Criminal and Government Benefits Matters - U.S. Ninth Circuit
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Child Welfare Act Action, and Criminal and Government Benefits Matters

In California State Foster Parents' Ass'n v. Wagner, No. 09-15025, an action against officials of the State of California under 42 U.S.C. section 1983 claiming a violation of plaintiffs' federal right to payments under the Child Welfare Act (CWA), and seeking declaratory and injunctive relief, the court affirmed judgment for plaintiffs where the CWA, at 42 U.S.C. sections 672(a) and 675(4)(A), created an enforceable federal right.

In US v. Kloehn, No. 06-50456, the court reversed defendant's conviction and sentence for four counts of causing tax evasion, holding that the district court abused its discretion and prejudiced defendant's ability to present his defense when it refused to continue the trial for two days to allow him to see his dying son. 

US v. Kuo, No. 08-10330, involved defendants' appeal from the imposition of restitution following their pleas of guilty to violating 18 U.S.C. section 241, Conspiracy to Violate Civil Rights.  The court vacated the restitution order on the ground that restitution for "lost income," 18 U.S.C. section 3663, was not the same as disgorgement of all of defendants' ill-gotten gains from their victims' forced prostitution.

In Uhm v. Humana, Inc., No. 06-35672, an action against an insurer for nonpayment of Medicare benefits, the court affirmed the dismissal of the action on the grounds that 1) the district court lacked jurisdiction to consider plaintiffs' breach of contract and unjust enrichment claims because they were not properly exhausted under the Medicare Prescription Drug Improvement and Modernization Act; and 2) plaintiffs' fraud and consumer protection act claims, while not subject to the Act's exhaustion provisions, were expressly preempted.

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