Legal Opinion

Do Sung Uhm v. Humana, Inc.

Court of Appeals for the Ninth Circuit

Decided August 30, 2010No. 06-35672PublishedCited by 117 opinions

1Opinion of the Court

Opinion by Judge PAEZ; Concurrence by Judge B. FLETCHER.

OPINION

PAEZ, Circuit Judge:

Plaintiffs-Appellants Do Sung Uhm and Eun Sook Uhm (“the Uhms”) appeal the district court’s order dismissing their complaint against Defendants-Appellees Humana Health Plan, Inc., and Humana, Inc., (collectively, “Humana”) on the ground that their claims are preempted by the express preemption provision of the Medicare Prescription Drug Improvement and Modernization Act of 2003 (“MMA” or “the Act”). The Uhms also appeal the district court’s order denying their partial motion for reconsideration in which they…

Also in this document: Concurrence.

2Cases cited34 opinions

  1. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  2. Sprewell v. Golden State WarriorsCourt of Appeals for the Ninth Circuit · 2001
  3. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  4. Lorillard v. PonsSupreme Court of the United States · 1978
  5. Heckler v. RingerSupreme Court of the United States · 1984

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3Cited by117 opinions

  1. Guillermina Parra v. Pacificare of Arizona, Inc.Court of Appeals for the Ninth Circuit · 2013
  2. Alvarado Hospital, LLC v. CochranCourt of Appeals for the Federal Circuit · 2017
  3. Donald Lusnak v. Bank of AmericaCourt of Appeals for the Ninth Circuit · 2018
  4. Global Rescue Jets, LLC v. Kaiser Foundation Health PlanCourt of Appeals for the Ninth Circuit · 2022
  5. Florida Agency for Health Care Administration v. Bayou Shores SNF, LLC (In Re Bayou Shores SNF, LLC)Court of Appeals for the Eleventh Circuit · 2016

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