Legal Opinion
Amgen Inc. v. Scully, Thomas
Court of Appeals for the D.C. Circuit
Decided February 13, 2004No. 03-5046PublishedCited by 107 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge ROGERS.
ROGERS, Circuit Judge:
The principal issue on appeal is whether the court has jurisdiction of a complaint filed by Amgen, Inc., the manufacturer of an anemia treatment, Aranesp, challenging an adjustment to the Medicare Part B rate at which the federal government pays hospitals for using its product. The district court dismissed Amgen’s complaint for lack of prudential standing. Although we hold that Amgen has prudential standing, we affirm the dismissal of the complaint for lack of jurisdiction.
I
Title XVIII of the Social Security Act of…
2Cases cited36 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
- Bennett v. SpearSupreme Court of the United States · 1997
- Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
- Leedom v. KyneSupreme Court of the United States · 1958
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3Cited by107 opinions
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- Sherley v. SebeliusCourt of Appeals for the D.C. Circuit · 2010
- Broudy, Alice P. v. Mather, Susan H.Court of Appeals for the D.C. Circuit · 2006
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