Legal Opinion
Thorbus v. Bowen
Court of Appeals for the Eighth Circuit
Decided June 7, 1988No. 87-5503PublishedCited by 18 opinions
1Opinion of the Court
LAY, Chief Judge.
Dr. Ruben Thorbus sought injunctive relief against the Secretary of the United States Department of Health and Human Services (HHS) to bar his exclusion as a participating physician in the Medicare program. He asserts jurisdiction in the district court based on 42 U.S.C. § 405(g) (1982) and 28 U.S.C. §§ 1331, 1361 (1982). The district court1 dismissed the complaint on the ground that the court lacked jurisdiction because Dr. Thorbus failed to exhaust his administrative remedies as required by 42 U.S.C. § 405(g). This court granted Dr. Thorbus’s motion for a stay from…
2Cases cited10 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
- Cassim v. BowenCourt of Appeals for the Ninth Circuit · 1987
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Vencor Nursing Centers, L.P. v. ShalalaDistrict Court, District of Columbia · 1999
- Anderson v. SullivanCourt of Appeals for the Eighth Circuit · 1992
- In Home Health, Inc., a Minnesota Corporation v. Donna Shalala, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 2001
- Nermin D. Lavapies, M.D. v. Otis R. Bowen, M.D.Court of Appeals for the Sixth Circuit · 1989
- David A. BARRETT, Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Donna Shalala, Secretary, AppelleeCourt of Appeals for the Eighth Circuit · 1994
13 more not listed; retrieve them via the Exa API.