Legal Opinion
Stalley Ex Rel. United States v. Catholic Health Initiatives
Court of Appeals for the Eighth Circuit
Decided November 27, 2007No. 06-3884, 06-4121PublishedCited by 179 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
In these two consolidated appeals we consider whether a plaintiff who has alleged no injury to himself has standing to bring suit under the Medicare Secondary Payer statute, 42 U.S.C. § 1395y(b)(3)(A). Because we conclude that the suit authorized by the statute is a private cause of action, which requires the plaintiff to have standing in his own right, rather than a qui tam statute, which allows the plaintiff to assert injury to the United States, we affirm the district courts’ 1 dismissal of these cases.
Both of these cases were filed by the same plaintiff,…
2Cases cited23 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
- Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
- Mattes v. ABC Plastics, Inc.Court of Appeals for the Eighth Circuit · 2003
18 more not listed; retrieve them via the Exa API.
3Cited by179 opinions
- In Re Schering Plough Corp. Intron/Temodar Consumer Class ActionCourt of Appeals for the Third Circuit · 2012
- Aktieselskabet Af 21. November 2001 v. Fame Jeans Inc.Court of Appeals for the D.C. Circuit · 2008
- Cathleen Silha v. ACT, Inc.Court of Appeals for the Seventh Circuit · 2015
- Amidax Trading Group v. S.W.I.F.T. ScrlCourt of Appeals for the Second Circuit · 2011
- Stalley Ex Rel. United States v. Orlando Regional Healthcare System, Inc.Court of Appeals for the Eleventh Circuit · 2008
174 more not listed; retrieve them via the Exa API.