United States Fifth Circuit
Cedar Lake Nursing Home v. US Dept. of Health & Hum. Servs., 10-60112
In a petition for review of the Department of Health and Human Services' $5,000 per-instance civil monetary penalty levied against petitioner nursing home, the petition is dismissed where: 1) giving heightened deference to administrative decisions was appropriate, even on appeal from summary judgment, because agencies have particular subject-matter experience and expertise and are given more decisional latitude by legislatures than trial courts are; and 2) the ALJ's findings were not arbitrary, capricious, not in accordance to the law, or unsupported by substantial evidence.
Appellate Information
- Decided 09/14/2010
- Published 09/14/2010
Judges
- W. Eugene Davis
Court
- United States Fifth Circuit