Legal Opinion

United Seniors Ass'n, Inc. v. Philip Morris USA

Court of Appeals for the First Circuit

Decided August 20, 2007No. 06-2447PublishedCited by 68 opinions

1Opinion of the Court

CYR, Senior Circuit Judge.

United Seniors Association, Inc. (“United Seniors”), a nonprofit taxpayer advocacy group, appeals from a district court judgment dismissing its claims pursuant to the Medicare Secondary Payer (“MSP”) statute, 42 U.S.C. § 1395y(b)(3)(A), to force five tobacco companies to reimburse the federal Medicare program for the monies it has expended since 1999 for the medical treatment of persons suffering from smoking-related illnesses. The district court concluded that United Seniors could not file such a private § 1395y(b)(3)(A) cause of action for reimbursement before the…

2Cases cited23 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Massachusetts v. MellonSupreme Court of the United States · 1923
  4. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  5. Connecticut Action Now, Inc. v. Roberts Plating Company, Inc.Court of Appeals for the Second Circuit · 1972

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3Cited by68 opinions

  1. Stalley Ex Rel. United States v. Orlando Regional Healthcare System, Inc.Court of Appeals for the Eleventh Circuit · 2008
  2. Stalley Ex Rel. United States v. Catholic Health InitiativesCourt of Appeals for the Eighth Circuit · 2007
  3. Stalley v. Methodist HealthcareCourt of Appeals for the Sixth Circuit · 2008
  4. Roderick Magadia v. Wal-Mart AssociatesCourt of Appeals for the Ninth Circuit · 2021
  5. In Re Avandia Marketing, Sales Practices & Products Liability LitigationCourt of Appeals for the Third Circuit · 2012

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