United States Tenth Circuit

In a declaratory-judgment action brought by a company and law firm that provide consulting services for the settlement of workers' compensation claims, claiming that a government memorandum issued in 2005 misinterprets the Medicare statute and regulations and exposes plaintiffs to unexpected liabilities, summary judgment for defendants is reversed where the district court erred in finding plaintiffs lacked standing for their suit as their potential liability presents a sufficient injury to confer standing under Article III of the U.S. Constitution.

Appellate Information

• Decided 12/11/2008
• Published 12/12/2008

Judges

• HARTZ, Circuit Judge., Before TACHA, HARTZ, Circuit Judges, and DEGIUSTI, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jason B.Wesoky (Benjamin A. Kahn, with him on the briefs), Brownstein Hyatt Farber Schreck, P.C., Denver, CO, for Plaintiffs-Appellants.


• For Appellees:
  
• Michael C. Johnson, Assistant United States Attorney (Troy A. Eid, United States Attorney, with him on the brief), Denver, CO, for Defendants-Appellees.