Legal Opinion

El Rio Santa Cruz Neighborhood Health Center, Inc. v. Department of Health & Human Services

District Court, District of Columbia

Decided January 15, 2004No. CIV.A.03-1753(ESH)PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

HUVELLE, District Judge.

Plaintiffs seek review under the Administrative Procedure Act (“APA”), 5 U.S.C. § 701, et seq., of a Department of Health and Human Services (“HHS”) determination that they are ineligible for medical malpractice liability coverage from the federal government under the Federally Supported Health Centers Assistance Act (“FSHCAA” or “the Act”), 42 U.S.C. § 233(g). For the reasons set forth below, plaintiffs’ motion for summary judgment will be granted, and defendants’ cross-motion will be denied.

BACKGROUND

Plaintiffs are physicians who provide obstetric…

2Cases cited24 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  4. Califano v. SandersSupreme Court of the United States · 1977
  5. United States v. Mead Corp.Supreme Court of the United States · 2001

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3Cited by10 opinions

  1. Wilhelmus v. GerenDistrict Court, District of Columbia · 2011
  2. Shirley McLaurin Individually and on Behalf of the Heirs of Milton Stubbs, Deceased v. United StatesCourt of Appeals for the Fifth Circuit · 2004
  3. Spadone v. McHughDistrict Court, District of Columbia · 2012
  4. Spadone v. McHughDistrict Court, District of Columbia · 2012
  5. Ismie Mutual Insurance v. United States Department of Health & Human ServicesDistrict Court, N.D. Illinois · 2006

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