AHFI NEWS

JUDGE ISSUES TEMPORARY RESTRAINING ORDER FORBIDDING STATE FROM RESTRICTING HEALTH CARE

HONOLULU – September 1, 2009 – A federal judge has granted a temporary restraining order preventing the state from instituting a new, limited health insurance program that would save $15 million.  The ruling came after attorneys from Alston Hunt Floyd & Ing (AHFI) and the Lawyers for Equal Justice (LEJ) filed a lawsuit on August 31 on behalf of people from Palau, the Federated States of Micronesia and the Marshall Islands, who are living in Hawai`i under the Compact of Free Association (COFA).

Pending further proceedings, Judge Michael Seabright ruled that the state of Hawai'i must provide uninterrupted medical benefits—including lifesaving dialysis and chemotherapy treatments--to the COFA residents and others. He ruled that it appeared likely that the plaintiffs would establish that the state had violated their constitutional right to due process.

AHFI attorneys Paul Alston, Zach McNish and Blaine Rogers represented the plaintiffs. Following Judge Seabright’s ruling, they observed:  “Once again, the Lingle administration has proven that it is indifferent to its constitutional obligations.  Whatever the state’s economic woes, there is simply no excuse for not honoring basic constitutional rights.”

About Alston Hunt Floyd & Ing:
Alston Hunt Floyd & Ing is one of the largest law firms in the state of Hawai`i.  The firm counsels and represents clients in all types of civil matters, including business disputes, real property matters, bankruptcy and insolvency, personal injury claims, health care law, employment law, government contracts/procurement law, and civil rights.  For more information, please visit www.ahfi.com.