Legal Opinion
Erika, Inc. v. United States
United States Court of Claims
Decided October 22, 1980No. 374-77PublishedCited by 19 opinions
1Opinion of the CourtFriedman, Chief Judge
This case, before us on cross-motions for partial summary judgment,1 presents two questions under part B of the Medicare program (Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. (1976)): (1) are any determinations relating to benefits under part B judicially reviewable, and (2) if the determinations here involved are reviewable, were the bases upon which they were made invalid because they are inconsistent with the statutory provisions governing those determinations? We answer both questions affirmatively. Accordingly, we grant the plaintiffs and deny the defendant’s motions…
2Cases cited15 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Califano v. SandersSupreme Court of the United States · 1977
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Weinberger v. SalfiSupreme Court of the United States · 1975
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3Cited by19 opinions
- United States v. Erika, Inc.Supreme Court of the United States · 1982
- Alabama Hospital Ass'n v. United StatesUnited States Court of Claims · 1981
- Starnes v. SchweikerCourt of Appeals for the Fourth Circuit · 1983
- Leola E. Campbell v. Office of Personnel Management United States of AmericaCourt of Appeals for the Third Circuit · 1982
- Calvin Morgan v. Office of Personnel Management, Merit Systems Protection BoardCourt of Appeals for the Eighth Circuit · 1982
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