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CATHOLIC HEALTHCARE INTERNATIONAL, INC.; JERE
PALAZZOLO,
Plaintiffs-Appellants/Cross-Appellees,
v.
GENOA CHARTER TOWNSHIP, MICHIGAN; SHARON
STONE, in her official capacity as Ordinance Officer,
Genoa Charter Township,
Defendants-Appellees/Cross-Appellants. |
Nos. 22-2139/23-1060 |
Appeal from the United States District Court for the Eastern District of Michigan at Flint.
No. 4:21-cv-11303—Shalina D. Kumar, District Judge.
Argued: July 19, 2023
Decided and Filed: September 11, 2023
Before: CLAY, KETHLEDGE, and LARSEN, Circuit Judges.
_________________________
OPINION
_________________________
KETHLEDGE, Circuit Judge. Fillmore County Park in Genoa Charter Township,
Michigan, includes a fifteen-station “Leopold the Lion Reading Trail”—with a series of large
signs that, as one walks along the path, tell “the entire story” of Leopold. Meanwhile, on a
wooded 40-acre property a few miles away, Catholic Healthcare, Inc. created a prayer trail with
fourteen “Stations of the Cross”—depicting the story of Christ’s last day. That trail the
Township chose to treat as the zoning equivalent of a church building—for which, the Township
insisted, Catholic Healthcare must apply for a “special land use” permit. At considerable
expense, Catholic Healthcare has submitted two such applications—both of which the Township
denied. The Township also forced Catholic Healthcare to remove all the Stations of the Cross,
along with a stone altar and mural, from its prayer trail.
In this appeal, Catholic Healthcare seeks a preliminary injunction allowing it to restore
the Stations of the Cross, altar, and mural to its prayer trail—relief for which it moved in the
district court some two years ago. The district court has twice denied that request, most recently
holding that—notwithstanding all the events described above—Catholic Healthcare’s free-exercise and statutory claims are unripe. We reverse that holding and grant Catholic
Healthcare’s request for an injunction. We also reject the Township’s cross-appeal. |
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THERESE M. WATERS, obo Kelly E. Waters,
Plaintiff-Appellant,
v.
XAVIER BECERRA, Secretary of Health and Human
Services,
Defendant-Appellee. |
No. 22-1997 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:21-cv-00170—Sally Berens, Magistrate Judge.
Argued: June 13, 2023
Decided and Filed: September 11, 2023
Before: GILMAN, BUSH, and READLER, Circuit Judges.
_________________________
OPINION
_________________________
JOHN K. BUSH, Circuit Judge. Therese Waters, on behalf of her daughter Kelly Waters,
sought judicial review of the Medicare Appeals Council’s denial of Waters’s Medicare Part B claim. Her claim was for Vitaflo Homocystinuria Cooler, an orally consumed enteral nutrition
fo1mula that provides her with necessaiy protein to compensate for her limited liver
functionality. The Council's decision is considered the final decision of the Secretaiy of Health
and Human Services. That rnling affmned the denial of Waters's claim by an Administrative
Law Judge, which in tum affnmed decisions of a Medicare Administrative Contractor and a
Qualified Independent Contractor. On judicial review, the district comi granted sUilllnaiy
judgment for the Secretaiy-holding that the Secretaiy 's decision was based on substantial
evidence and contained no legal enor. We AFFIRM. |
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IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION.
___________________________________________
TRUMBULL COUNTY, OHIO; LAKE COUNTY, OHIO;
PLAINTIFFS’ EXECUTIVE COMMITTEE,
Plaintiffs-Appellees,
v.
PURDUE PHARMA L.P., et al.,
Defendants,
WALGREENS BOOTS ALLIANCE, INC., WALGREEN
COMPANY, WALGREEN EASTERN CO., INC. (22-
3750/3841); CVS PHARMACY, INC., OHIO CVS
STORES, LLC, CVS TENNESSEE DISTRIBUTION, LLC,
CVS Rx SERVICES, INC., CVS INDIANA, LLC (22-
3751/3843); WALMART, INC. (22-3753/3844),
Defendants-Appellants. |
Nos. 22-3750/3751/3753/3841/3843/3844 |
Certification of a Question of Law to the Supreme Court of the State of Ohio
United States District Court for the Northern District of Ohio at Cleveland.
Nos. 1:17-md-02804; 1:18-op-45032; 1:18-op-45079—Dan A. Polster, District Judge.
Decided and Filed: September 11, 2023
Before: BATCHELDER, GRIFFIN, and BLOOMEKATZ, Circuit Judges.
_________________________
CERTIFICATION OF A QUESTION OF LAW
_________________________
Defendants appeal from the entry of a $650 million judgment on an Ohio law claim in
this multidistrict litigation matter involving the opioid epidemic. Because neither side addressed
the issue of certification in their briefs, we ordered supplemental briefing. Following review, we
sua sponte certify a question of law to the Supreme Court of the State of Ohio. |
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