Fourth Circuit -- Henry Pashby v. Albert Delia

Challenge to state rules for Federal relief.

Not moot, as the pending changes in state procedure will still leave petitioners with an interest, and the situation is capable of repetition, despite pendite lite reversals by arbitrators.

No need to exhaust APA remedy, as courts have held the policy to violate federal law.  No need to exhaust administrative remedies generally, as the challenge is to the policy change, not the individual denial of benefits.

Class certification not reviewed, as not sufficiently intertwined.

Where a preliminary injunction preserves the status quo (bars the implementation of a policy), it is prohibitory, not mandatory.  (Slightly lower standard of review.)

Requirements for preliminary injunction met.

Remand without vacatur to allow correction of Rule 65 defects in injunction.



Henry Pashby v. Albert Delia