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· 4/21/2005

Laura Wilson, Personal Representative of the Estate of Max Wilson, Deceased v. United States

Citations

  • 405 F.3d 1002
  • 2005 U.S. App. LEXIS 6816
  • 2005 WL 913490

How courts have described this case

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

  • explaining that Medicare paid for medical services without regard to whether those services were also covered by an employer group health plan
  • affirming the Court of Federal Claims’s holding that 42 U.S.C. § 405(g)’s directive that claims arising under the Medicare Act “shall be brought in the district court of the United States” constituted a Congressional withdrawal of Tucker Act jurisdiction
  • “Congress has insisted that matters arising under the Medicare Act be presented in the first instance to the agency.”
  • same for illegal-exaction claim seeking to recover a portion of a medical-malpractice settlement paid from the decedent's estate to the Department of Health and Human Services, on behalf of Medicare
  • Social Security Act and Medicare

Source: CourtListener parenthetical corpus (CC0).

Judges: Lourie, Schall, Linn

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.