Legal Opinion
Bird v. Thompson
District Court, S.D. New York
Decided July 8, 2003No. 02 Civ. 10269(GEL)PublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER
LYNCH, District Judge.
Plaintiff seeks a declaration that the defendants do not have a claim to reimbursement for Medicare benefits she received to cover costs for accident-related injuries out of the proceeds of a subsequent personal injury settlement plaintiff received from the alleged tortfeasor’s insurer. Plaintiff also seeks an order restraining the defendants from instituting any action against plaintiff for any recovery from the settlement, and seeks costs. Because the Court lacks jurisdiction over plaintiffs case, the defendants’ motion to dismiss will be granted.
BACKGR…
2Cases cited8 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Heckler v. RingerSupreme Court of the United States · 1984
- Shalala v. Illinois Council on Long Term Care, Inc.Supreme Court of the United States · 2000
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Potts v. Rawlings Co.District Court, S.D. New York · 2012
- Einhorn v. CarePlus Health Plans, Inc.District Court, S.D. Florida · 2014
- Sexton v. MedicareDistrict Court, E.D. New York · 2016
- Dascenzo v. Rawlings Company LLCDistrict Court, N.D. Ohio · 2025