Legal Opinion
Aaa Pharmacy, Inc. v. United States
United States Court of Federal Claims
Decided August 30, 2013No. 11-877CPublished
1Opinion of the Court
Summary Judgment; Fifth Amendment Taking; Medicare Part B, 42 U.S.C. 1395 et seq. (2000); 42 C.F.R. § 405.874; Regulatory Taking; Extraordinary Delay; Revocation and Reinstatement of Medicare Billing Privileges; Bad Faith.
MEMORANDUM OPINION AND ORDER
WILLIAMS, Judge.
In this Fifth Amendment takings action, Plaintiff, AAA Pharmacy, Inc., claims that by invoking and failing to timely reinstate its Medicare billing privileges, the Government effected a taking of its business. Plaintiff submits that by the time the Government reinstated its Medicare billing privileges, its business had failed.
Defend…
2Cases cited24 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
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