Legal Opinion

Anderson v. Bowen

Court of Appeals for the Second Circuit

Decided July 28, 1989No. 946, Docket 88-6299PublishedCited by 62 opinions

1Opinion of the Court

JOHN R. BROWN, Senior Circuit Judge.

Patients enrolled in the voluntary Medicare Part B health insurance program and physician assignees of enrolled patients appeal the district court’s F.R.Civ.P. 12(b)(1) dismissal for lack of subject matter jurisdiction. Finding a challenge to the amount of Medicare Part B benefits awarded at the heart of this controversy, we agree with the district court that it has no jurisdiction under 28 U.S.C. § 1331 to review the Part B benefit determination. The patients and physicians also fail to establish jurisdiction by either presenting a substantial…

2Cases cited13 opinions

  1. Hagans v. LavineSupreme Court of the United States · 1974
  2. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  3. Heckler v. RingerSupreme Court of the United States · 1984
  4. Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986
  5. Schweiker v. McClureSupreme Court of the United States · 1982

8 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Sharkey v. QuarantilloCourt of Appeals for the Second Circuit · 2008
  2. Anderson v. BowenCourt of Appeals for the Second Circuit · 1989
  3. Dennis McHugh v. Robert Rubin, Secretary of the Department of the Treasury, and the Bureau of Alcohol, Tobacco and FirearmsCourt of Appeals for the Second Circuit · 2000
  4. Khanom v. KerryDistrict Court, E.D. New York · 2014
  5. Pronti v. BarnhartDistrict Court, W.D. New York · 2004

57 more not listed; retrieve them via the Exa API.

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