Legal Opinion

Montgomery County, Maryland v. Mike Leavitt

District Court, D. Maryland

Decided August 22, 2006No. Civil Action AW-06-477PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

WILLIAMS, District Judge.

This action involves a suit by Montgomery County, Maryland (“County” or “Plaintiff’) against Mike Leavitt (“Leavitt”), Secretary of Health and Human Resources, and Andrew C. von Eschenbach (“Esehen-bach”), Acting Commissioner of the United States Food and Drug Administration (collectively, “Defendants”). The Complaint alleges that Defendants acted arbitrarily, capriciously, and abused their discretion, and otherwise acted in violation of 5 U.S.C. § 706, by failing to provide the County with a limited certification for a waiver under the Medicare…

2Cases cited18 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  3. Heckler v. ChaneySupreme Court of the United States · 1985
  4. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  5. Norton v. Southern Utah Wilderness AllianceSupreme Court of the United States · 2004

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3Cited by4 opinions

  1. In Re Canadian Import Antitrust Litigation Eileen Iverson Hugh Hawkins Juanita Huseby David Schafer Gregory Noonan Bonnie Koch Jennifer Mills Minnesota Senior Federation United Senior Action, of Indiana Laporte County Comprehensive Mental Health Council, Doing Business as Swanson Center, Inc. Massachusetts Senior Action Council Painters District Council No. 30 Health and Welfare Fund Central Laborers Welfare Fund, on Behalf of Themselves and All Others Similarly Situated, National Association of Shareholder and Consumer Attorneys, Amicus on Behalf of v. Pfizer, Inc. Glaxosmithkline, Plc Abbott Laboratories, Inc. Boehringer Ingelheim Pharmaceuticals, Inc., Gmbh Merck & Co., Inc. Novartis Ag Wyeth Pharmaceuticals, Inc. Eli Lilly & Company Astrazeneca, PlcCourt of Appeals for the Eighth Circuit · 2006
  2. Russell v. KendallDistrict Court, Virgin Islands · 2006
  3. Eileen Iverson v. Pfizer, Inc.Court of Appeals for the Eighth Circuit · 2006
  4. PharmacyChecker.com LLC v. National Association of Boards of PharmacyDistrict Court, S.D. New York · 2023

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