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INDEPENDENT LIVING CENTER OF SO. CAL. v. SHEWRY

No. 08-56061.

543 F.3d 1047 (2008)

INDEPENDENT LIVING CENTER OF SOUTHERN CALIFORNIA, INC., a nonprofit corporation; Gray Panthers of Sacramento, a nonprofit corporation; Gray Panthers of San Francisco, a nonprofit corporation; Gerald Shapiro, Pharm. D. doing business as Uptown Pharmacy and Gift Shoppe; Sharon Steen doing business as Central Pharmacy; Mark Beckwith; Margaret Dowling; Tran Pharmacy, Inc., doing business as Tran Pharmacy; Jason Young, Petitioners-Appellants, v. Sandra SHEWRY, Director of the Department of Health Care Services, State of California, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 11, 2008.

Attorney(s) appearing for the Case

Lynn S. Carman, Esquire, Medicaid Defense Fund, Novato, CA, Stanley L. Friedman, Esquire, Los Angeles, CA, for Petitioners-Appellants.

Jennifer M. Kim, Supervisory, AGCA-Office of the California Attorney General, Phillip J. Matsumoto, Richard D. Wardow, Esquire, Office of the Attorney General, Los Angeles, CA, for Respondent-Appellee.

Before: REINHARDT, BERZON, and M. SMITH, Circuit Judges.

ORDER

Under well-established law of the Supreme Court, this court, and our sister circuits, a plaintiff may bring suit under the Supremacy Clause to enjoin implementation of a state law allegedly preempted by federal statute, regardless of whether the federal statute at issue confers an express "right" or cause of action on the plaintiff. See Shaw v. Delta Air Lines, Inc., 463 U.S. 85

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