· 11/14/2000
Lenox Hill Hospital v. Shalala
Citations
- 131 F. Supp. 2d 136
- 2000 U.S. Dist. LEXIS 19711
- 2000 WL 33128262
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that because the plaintiff had “an available administrative remedy under the Medicare program,” the court could not exercise jurisdiction under the mandamus statute
- noting that a district court can consider the administrative record for purpose of a motion to dismiss pursuant to Rule 12(b)(1)
- assuming based on the applicable regulation that “the jurisdictional component of the Board’s decision is reviewable by the Administrator”
- treating Rule 12(b) 5 motion to dismiss filed after answer as a motion for judgment on the pleadings under Rule 12(c)
- noting that a majority of courts that have addressed the issue have concluded that the PRRB’s denial of a good cause extension does not 8 In reaching its holding, the Circuit analyzed John Muir Memorial Hospital, Inc. v. Califano, 457 F. Supp. 848 (N.D. Cal. 1978
Source: CourtListener parenthetical corpus (CC0).
Judges: Stanley S. Harris
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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