Legal Opinion

Giesse v. Secretary of the Department of Health & Human Services

Court of Appeals for the Sixth Circuit

Decided April 23, 2008No. 06-4497PublishedCited by 27 opinions

1Opinion of the CourtGriffin, J.

MERRITT, J. (p. 708), delivered a separate concurring opinion. COLE, J. (pp. 709-10), delivered a separate dissenting opinion.

OPINION

GRIFFIN, Circuit Judge.

Plaintiff-appellant Raymond Giesse appeals the district court’s grant of two motions to dismiss for lack of subject matter jurisdiction after he filed a suit seeking damages subsequent to an alleged wrongful termination of medical care. Plaintiff argues that the district court had jurisdiction over his claims because he has a vested “property interest” in the receipt of Medicare benefits, and that the termination of these benefits, without…

2Cases cited20 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  3. Califano v. SandersSupreme Court of the United States · 1977
  4. American Manufacturers Mutual Insurance v. SullivanSupreme Court of the United States · 1999
  5. Carlson v. GreenSupreme Court of the United States · 1980

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

3Cited by27 opinions

  1. US Ex Rel. Marlar v. Bwxt Y-12, LLCCourt of Appeals for the Sixth Circuit · 2008
  2. Moher v. United StatesDistrict Court, W.D. Michigan · 2012
  3. American BioCare Inc. v. Howard & Howard Attorneys PLLCCourt of Appeals for the Sixth Circuit · 2017
  4. Meeks v. LarsenDistrict Court, E.D. Michigan · 2014
  5. Humana Medical Plan, Inc. v. RealeDistrict Court of Appeal of Florida · 2015

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

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