United States Eleventh Circuit
Stalley v. Orlando Reg'l Healthcare Sys., Inc., 07-10768
In an appeal concerning whether a plaintiff who alleges no injury to himself has standing to bring a qui tam action for damages under the Medicare Secondary Payer Act (MSP), dismissal of plaintiff's complaint with prejudice is affirmed in part and remanded in part where: 1) dismissal was proper, as plaintiff has not suffered any injury in fact caused by the defendant and the MSP did not provide for a qui tam action; but 2) because the district court lacked subject matter jurisdiction over this case, plaintiff's complaint should have been dismissed without prejudice.
Appellate Information
- Decided 04/18/2008
- Published 04/18/2008
Judges
- PER CURIAM:, Before BIRCH, BARKETT and COX, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- James L. Wilkes, II, Kathleen Clark Knight, Wilkes & McHugh, P.A., Tampa, FL, Kenneth L. Connor, Wilkes & McHugh, P.A., Leesburg, VA, for Stalley.
- For Appellees:
- David L. Evans, Mateer & Harbert, P.A., Orlando, FL, for Defendant-Appellee.