Legal Opinion
Kaplan Ex Rel. Estate of Kaplan v. Leavitt
District Court, S.D. New York
Decided September 7, 2007No. 06 CIV. 5511(DC)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION
CHIN, District Judge.
Plaintiff Leah Kaplan, estate representative of Albert Kaplan, brings this action pursuant to 42 U.S.C. § 405(g) and 42 U.S.C. § 1395ff(b), challenging the final determination of defendant Secretary of Health and Human Services (the “Secretary” and “HHS,” respectively) that Kap-lan was not entitled to certain Medicare benefits under Title XVIII of the Social Security Act (the “Act”). Both parties move for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). For the reasons set forth below, plaintiffs motion is denied and the…
2Cases cited12 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Ermano Valente v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1984
- Joan M. Jones v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1991
- Schisler v. SullivanCourt of Appeals for the Second Circuit · 1993
- Vivian G. Schauer v. Richard Schweiker, in His Official Capacity as Secretary of the United States Department of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
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3Cited by4 opinions
- Anghel v. SebeliusDistrict Court, E.D. New York · 2012
- Executive Director of the Office of Vermont Health Access v. SebeliusDistrict Court, D. Vermont · 2010
- Martinelli v. BurwellDistrict Court, W.D. New York · 2015
- Townsend v. AzarDistrict Court, S.D. New York · 2021