United States Federal Circuit

The Court of Federal Claims correctly decided that the scheme for comprehensive administrative and judicial review set forth in the Medicare Act preempts Tucker Act jurisdiction over plaintiff's claim for reimbursement.

Appellate Information

• Decided 04/21/2005
• Published 04/22/2005

Judges

• SCHALL, Circuit Judge., Before LOURIE, SCHALL, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Frank Mafrice, Sommers, Schwartz, Silver & Schwartz, P.C., of Southfield, Michigan, for appellant.   With him on the brief was Patrick Burkett.


• For Appellees:
  
• Marla Conneely, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee.   On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Brian M. Simkin, Assistant Director, and Richard S. Ewing, Trial Attorney.