Bradford v. Harding

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that CMS regulations do not provide right of action or establish standard of care, but merely determine whether hospital qualifies for provider agreement
• finding that CMS regulations do not provide right of action or establish standard of care, but merely determine whether hospital qualifies for provider agreement
• explaining that 42 C.F.R. § 482 sets out “condition[s] of participation in Medicare” and does “not private a private right of action”
• relying on Montez, Moore, and Hiler, the Neiberger court held that individual defendants are not subject to liability in their individual capacities and dismissed the Rehabilitation Act claim
• relying on data that a Colorado mental health institute admitted between 650 and 700 patients per year and that the average daily census showed a population of 300 patients to conclude that the proposed class— all present and future persons committed to the institute—was sufficiently numerous
• “the exact number of potential members need not be shown,” and a court “may make ‘common sense assumptions' to support a finding that joinder would be impracticable”

Source: CourtListener parenthetical corpus (CC0).