all - Opinion Summaries

HERNANDEZ v. SEMINOLE COUNTY, FLORIDA

Civil Procedure, Civil Rights, Health Law
Because defendants cannot satisfy any of the applicable exceptions to 28 U.S.C. section 1447(d), there is no appellate jurisdiction for this Civil...

HORVATH v. KEYSTONE HEALTH PLAN E., INC.

ERISA, Health Law
Neither precedent nor the canons of statutory construction mandate that ERISA imposes a duty upon HMOs to automatically further disclose, to plan...

PUB. CITIZEN, INC. v. US DEP'T OF HEALTH & HUMAN SERVS.

Administrative Law, Government Benefits, Government Law, Health Law
The Peer Review Improvement Act's command to inform a Medicare beneficiary complainant of the "final disposition" of a complaint requires more than...

ALLISON v. SNYDER

Civil Rights, Constitutional Law, Criminal Law & Procedure, Health Law, Sentencing
42 U.S.C. section 1983 claims, alleging that the Illinois Sexually Dangerous Persons Act is being implemented unconstitutionally, are rejected as the...

TEHRANI v. HAMILTON MED., INC.

Health Law, Intellectual Property, Patent
District court's grant of summary judgment of infringement to plaintiff, concerning an apparatus and method for controlling a medical respirator, is...

THE PODIATRIST ASS'N, INC. v. LA CRUZ AZUL DE PUERTO RICO, INC.

Health Law, Antitrust & Trade Regulation
Summary judgment in favor of defendants, in an antitrust action alleging conspired exclusion of podiatric care from standard benefits packages, is...

IN RE: HUMANA INC. MANAGED CARE LITIGATION

Contracts, Dispute Resolution & Arbitration, Health Law
On remand from the US Supreme Court, the district court's ruling that defendant managed-health-care organizations' arbitration clauses which...

CALIFORNIA ASS'N OF RETAIL TOBACCONISTS v. STATE OF CALIFORNIA

Constitutional Law, Health Law, Tax Law
The California Children and Families Act of 1998 Act, which increased the tobacco excise tax, is facially constitutional. The Board of Equalization...

MIMIYA HOSP., INC. v. US DEP'T OF HEALTH & HUMAN SERVS.

Administrative Law, Health Law
The Departmental Appeals Board of the Department of Health and Human Services correctly found that a skilled nursing facility received timely notice...

BENTON v. BARNHART

Administrative Law, Government Benefits, Health Law
In finding that a Social Security Disability Insurance claimant was not mentally disabled, the Administrative Law Judge misapplied 20 C.F.R. section...