Plaintiffs, on behalf of themselves and their child, appealed the dismissal of their complaint against the United States and the denial of their motions for relief from judgment and to reopen the case. The primary issue on appeal was whether the United… Continue reading
Alabama sued CMS claiming that it violated the federal Administrative Procedures Act (APA), 5 U.S.C. 500-596, 701-706, by issuing – without notice and an opportunity for public comment – an October 28, 2008 letter to state health officials (SHO letter)… Continue reading
Defendant, a medical doctor licensed by the State of Florida, appealed his convictions for dispensing controlled substances in violation of the Controlled Substances Act (CSA), 21 U.S.C. 801, et seq., and for health care fraud. Defendant’s convictions … Continue reading
Plaintiff appealed the district court’s dismissal of her two-count complaint alleging interference and retaliation under the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. 2601 et seq., against defendant. It was undisputed that plaintiff, at th… Continue reading
Plaintiff, suing on behalf of her husband, obtained a judgment against defendant for benefits payable under a home health care insurance policy. Defendant appealed and following a judgment, the district court awarded plaintiff attorney’s fees and costs… Continue reading
Plaintiff was enrolled in the Counselor Education Program at Augusta State University (ASU), seeking to obtain her master’s degree in school counseling. Plaintiff subsequently filed an action pursuant to 42 U.S.C. 1983, alleging that requiring her to c… Continue reading
The Commission brought this action to obtain a preliminary injunction against appellees, alleging that the Authority’s purchase of Palmyra would create a monopoly in the relevant market. The district court dismissed the complaint under Rule 12(b)(6), h… Continue reading
Defendant was convicted of 130 counts arising, inter alia, from his wire fraud, health care fraud, and unlawful dispensing of controlled substances. Defendant was also convicted of three counts charging a patient’s death resulted from the use of contro… Continue reading
Plaintiffs brought this action challenging the constitutionality of the Patient Protection and Affordable Care Act, Pub. L. 111-148, 124 Stat. 119, amended by Health Care and Education Reconciliation Act of 2010 (HCERA), Pub. L. No. 111-152, 124 Stat. … Continue reading
Defendant, pro se, was convicted of 129 counts of unlawfully dispensing certain controlled substances by means of written prescriptions and sentenced to concurrent terms of imprisonment totaling 97 months and fined $200,000. At issue was whether the di… Continue reading