BROWN v. TENNESSEE DEPT. OF FINANCE AND ADMIN.

No. 07-6163.

561 F.3d 542 (2009)

Lakersko BROWN; Katie Blackburn; Matthew McGowan; Shalyn Kiker, as class representatives; Disability Law and Advocacy Center of Tennessee, Plaintiffs-Appellees, v. TENNESSEE DEPARTMENT OF FINANCE AND ADMINISTRATION; M.D. Goetz, JR., in his official capacity as Commissioner of the Department of Finance and Administration, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 9, 2009.


Attorney(s) appearing for the Case

ARGUED: Michael W. Kirk, Cooper & Kirk, Washington, DC, for Appellants. Samuel R. Bagenstos, Ann Arbor, MI, for Appellees.

ON BRIEF: Michael W. Kirk, Charles J. Cooper, Cooper & Kirk, Washington, DC, Dianne Stamey Dycus, Office of the Tennessee Attorney General, Nashville, TN, for Appellants. Samuel R. Bagenstos, Ann Arbor, MI, Martha Michele Lafferty, Sherry Ann Wilds, Disability Law & Advocacy Center of Tennessee, Nashville, TN, Kent E. Krause, Brewer, Krause, Brooks, Chastain & Burrow, Nashville, TN, Martha Jane Perkins, National Health Law Program, Chapel Hill, NC, for Appellees.

Before: MARTIN, ROGERS, and SUTTON, Circuit Judges.


BOYCE F. MARTIN, JR., Circuit Judge.

The Tennessee Department of Finance appeals the district court's denial of its motion to vacate a settlement between the parties in a suit for Medicaid benefits. Tennessee argues that the agreed order approving the settlement should be treated as a consent decree and vacated under Federal Rule of Civil Procedure 60(b)(5) because an intervening decision of this Court, Westside Mothers v. Olszewski, 454 F.3d...

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