Legal Opinion
United States v. West Virgina
Court of Appeals for the Fourth Circuit
Decided August 7, 2003No. 02-2037PublishedCited by 5 opinions
1Opinion of the Court
Reversed by published opinion. Judge LUTTIG wrote an opinion and issued the judgment of the court. Judge TRAXLER wrote an opinion concurring in the judgment. Judge WILLIAMS wrote a dissenting opinion.
OPINION
LUTTIG, Circuit Judge:
Appellant West Virginia appeals the district court’s grant of summary judgment for the United States on its claim that West Virginia tax statute 11-27 is preempted by 5 U.S.C. § 8909(f), which bars states from taxing insurance carriers with respect to funds they receive from the Federal Employees Health Benefits Program (FEHBP). Because we conclude that the statutory…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Zenith Radio Corp. v. United StatesSupreme Court of the United States · 1978
- Camps Newfound/Owatonna, Inc. v. Town of HarrisonSupreme Court of the United States · 1997
- North Dakota v. United StatesSupreme Court of the United States · 1990
- Kern-Limerick, Inc. v. ScurlockSupreme Court of the United States · 1954
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3Cited by5 opinions
- Group Health Cooperative v. City of SeattleCourt of Appeals of Washington · 2008
- In Re Consolidated Hospital Surcharge Appeals of GILLETTE CHILDREN’S SPECIALTY HEALTHCARE, St. Luke’s Hospital, North Memorial Health Care, HealthEast Care System, Park Nicollet Health Services, Fairview Health Services, and Children’s Hospitals and Clinics of MinnesotaSupreme Court of Minnesota · 2016
- In the Matter of the Consolidated Hospital Surcharge Appeals of Gillette Children's Specialty Healthcare, St. Luke's Hospital, North Memorial Health Care, HealthEast Care System, Park Nicollet Health Services, Fairview Health Services, and Children's Hospitals and Clinics of Minnesota.Court of Appeals of Minnesota · 2015
- Mobility Medical, Inc. v. Mississippi Department of RevenueMississippi Supreme Court · 2011
- Parrish v. ClevelandCourt of Appeals for the Fourth Circuit · 2004