Legal Opinion

Sullivan v. Hiser (In Re St. Mary Hospital)

District Court, E.D. Pennsylvania

Decided January 15, 1991No. Bankruptcy No. 88-11421S, Civ. A. No. 90-5479PublishedCited by 22 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

DITTER, District Judge.

The question here is whether the court has jurisdiction because this is a bankruptcy matter or does not have jurisdiction because it is a Medicare dispute. This court has primary jurisdiction over all bankruptcy cases by reason of 28 U.S.C. § 1334. However, all Medicare cases must go through an elaborate administrative pro cess before the jurisdiction of the district court may be invoked, 42 U.S.C. § 405(h). Admittedly that administrative review has not taken place.

Before me is the motion of plaintiff Louis W. Sullivan (“Secretary”), the Secretary of…

2Cases cited6 opinions

  1. Weinberger v. SalfiSupreme Court of the United States · 1975
  2. Gingold v. United States Ex Rel. Department of Health & Human Services (In Re Shelby County Healthcare Services)United States Bankruptcy Court, N.D. Georgia · 1987
  3. Town & Country Home Nursing Services, Inc. v. Blue Cross of California (In Re Town & Country Home Nursing Services, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  4. In Re BergerUnited States Bankruptcy Court, S.D. Florida. · 1981
  5. Tidewater Memorial Hospital, Inc. v. Bowen (In Re Tidewater Memorial Hospital, Inc.)United States Bankruptcy Court, E.D. Virginia · 1989

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

3Cited by22 opinions

  1. In Re Town & Country Home Nursing Services, Inc.Court of Appeals for the Ninth Circuit · 1992
  2. University Medical Center v. Sullivan (In re University Medical Center)Court of Appeals for the Third Circuit · 1992
  3. Florida Agency for Health Care Administration v. Bayou Shores SNF, LLC (In Re Bayou Shores SNF, LLC)Court of Appeals for the Eleventh Circuit · 2016
  4. In Re St. Johns Home Health Agency, Inc.United States Bankruptcy Court, S.D. Florida. · 1994
  5. Sullivan v. Town & Country Home Nursing Services, Inc.Court of Appeals for the Ninth Circuit · 1991

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API