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· 7/7/2004

Jeannette D. Brown v. Tommy G. Thompson, Secretary, Department of Health and Human Services, Virginia Trial Lawyers Association, Amicus Supporting

Citations

  • 374 F.3d 253
  • 2004 U.S. App. LEXIS 13967
  • 2004 WL 1506540

How courts have described this case

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

  • holding that CMS was entitled to reimbursement from the proceeds of a medical malpractice settlement pursuant to the MSP
  • holding that CMS was entitled to reimbursement from the proceeds of a medical malpractice settlement pursuant to the MSP
  • holding that a tort settlement constitutes a primary plan under the 2003 amendments
  • interpreting the original statute’s meaning to conclude that the amendment is “a clarification rather than a substantive change”
  • giving effect to Congress’s label of an amendment as “technical and clarifying”
  • “With this language ... Congress has plainly indicated that the term ‘self-insured plan’ should be given a relatively broad definition, unrestricted by formalistic requirements.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Motz, Shedd, Bowman, Eighth

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.