· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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